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REPORT 


OK 


T HE CO M M I S SION 


APPOINTED ENDED 


ACT OF CONGRESS APPROVED APRIL 23, 1873, 


UTE INDIANS IN COLORADO TERRITORY. 


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WASHINGTON: 
GOVERNMENT PRINTING OFFIflE, 
1873 . 









































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. 







REPORT 


u.s. 

THE COMMISSION 


APPOINTED UNDER 


ACT OF CONGRESS APPROVED APRIL 23, 1873, 


TO NEGOTIATE WITH THE 


UTE INDIANS IN COLORADO TERRITORY. 



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WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 
1873 . 











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Board of Indian Commissioners, 

Washington , Oct. 17, 1873. 

Sir : I have the honor to transmit herewith the report of the special 
commission to negotiate with the Ute tribe of Indians in Colorado, and 
the accompanying documents. 

Very respectfully, your obedient* servant, 

THOMAS K. CEEE, 

Secretary. 

To the Honorable Secretary of the Interior. 
























































































REPORT 


OF THE 

COMMISSION TO NEGOTIATE WITH THE UTE 
TRIBE OF INDIANS. 


Pittsburgh, October 15,1873. 

Sir: As chairman and acting member of the commission to negotiate 
with the Ute Indians, I have the honor to make the following report in 
addition to the brief telegram sent from Denver on the twenty-second 
ultimo, and to transmit herewith the original of the agreement made 
with them. 

A duplicate of thd contract was left with Ouray, the head chief, to 
receive additional signatures, and when signed, will be taken by him to 
Washington. 

Under the appointment of your letter of June 20, 1873, as follows: 

Department of the Interior, 

Washington , D. 0., June 20, 1S73. 

Sir : I have the honor to inform you that I deem it advisable to re¬ 
new negotiations with the Ute Indians for the cession of a portion oi 
their reservation lying in the southwestern part of Colorado Territory. 

To carry out this purpose I have concluded to appoint the Hon. Felix 
R. Brunot and the Hon. Nathan Bishop, members of the Board of Indian 
Commissioners, to conduct the intended negotiations, the authority for 
which action will be found in the act of Congress, approved April 23, 
1872, “authorizing the Secretary of the Interior to make certain negotia¬ 
tions with the Ute Indians in Colorado.” [See stat. at lg., 2d sess. 42d 
Con., p. 55.] 

You will please prepare instructions for the guidance of said commis¬ 
sioners, in the duties hereby devolved upon them; and in doing so I 
suggest that you consult the instructions delivered to the commissioners 
last year for a similar purpose. 

The commissioners herein named will be paid their necessary ex¬ 
penses. 

I have already notified the War Department of their contemplated 
appointment, and have requested that Department to furnish the com- 
hnissioners, through the proper officer in command, any needed trans¬ 
portation. 

Very respectfully, your obedient servant, 

C. DELANO, Secretary. 

To the Commissioner of Indian Affairs. 

and the letter of the honorable Commissioner of Indian Affairs, as fol¬ 
lows : 



6 

Department of the Interior, Office of Indian Affairs, 

Washington , D. C., July 2, 1873. 

Gentlemen : An act of Congress approved April 23, 1872, (stat. at 
large, 2d sess. 42d Cong., p. 55,) authorizes and empowers the Secre¬ 
tary of the Interior u to enter into negotiations with the Ute Indians in 
Colorado Territory for the extinguishment of their right to the southern 
part of a certain reservation made in pursuance of a treaty concluded 
March second, eighteen hundred and sixty-eight, situate in the south¬ 
west portion of the said Territory of Colorado, and report his proceed¬ 
ings under this act of Congress for its consideration. The expense of 
such negotiation to be paid by the United States, and to be hereafter 
appropriated.” 

Pursuant to the provisions of the foregoing act, and in compliance 
with the directions of the honorable Secretary of the Interior, contained 
in his letter addressed to this office July 1, 1872, a commission was ap¬ 
pointed, consisting of Governor Edward M. McCook, of Colorado; John D. 
Lang, of Maine, and John McDonald, of Missomi, to visit said Indians 
and hold a council with them for the purpose indicated. A copy of their 
report is inclosed herewith, from which you will observe that the nego¬ 
tiations failed, through the influence of outside parties who had preju¬ 
diced the minds of the Indians to defeat the object of the commission. 

Recent advices, however, received at this office from Agent Adams, 
indicate a more favorable disposition on the part of the Indians, and 
have determined the honorable Secretary of the Interior to send out a new 
commission and he has accordingly designated you as such commis¬ 
sion by his letter addressed to this office under date of the 20th ultimo. 

You will therefore proceed to the Los Pinos Agency and fix a time and 
place for holding the new council. Agents Charles Adams at the Los 
Pinos Agency, and J. S. Littlefield at the White River Agency, have 
been notified of your appointment and directed to afford you all the as¬ 
sistance in their power in order to secure a full attendance of the different 
bands of Utes interested in the negotiations. Agent Adams has also 
been instructed to provide the necessary subsistence for the Indians 
during the council. The acting agent at the Abiqui Agency in New 
Mexico has also been instructed in the premises. 

The objects of your negotiations may be more specifically defined, for 
your information and guidance, as follows: 

1. The reservation of the Utes referred to in the act of Congress is 
unnecessarily large, comprising within its limit upward of fourteen mil¬ 
lions of acres of the best agricultural and mineral lands in Colorado. 

2d. The number of Indians occupying the same is comparatively 
small, not exceeding, according to the most reliable data obtainable, 
more than four or five thousand souls. 

3. The people of Colorado are auxious to have that portion of the 
reserve not needed for Indian purposes thrown open to‘entry and settle¬ 
ment as public lands of the United States, in order that the agricultural 
and mineral resources thereof may be more thoroughly and rapidly de¬ 
veloped. 

It was with these objects in view, and with the hope of their early ac¬ 
complishment, that Congress afforded the aforementioned legislation; 
and you are therefore instructed, in conducting your negotiations with 
the Utes, to use your most earnest endeavors to induce them to relinquish 
to the United States*the southern portion of their reservation as at 
present constituted, to embrace, if possible, the tract lying between the 
south boundary thereof and the thirty-eighth degree of north latitude. 

Any arrangement or agreement entered into with the Indians must 


7 


have the assent and concurrence of at least a majority of each and 
every hand participating in the council; otherwise it will be futile in its 
results. 

Some of the provisions of the treaty of 1868 with those Indians can¬ 
not be carried out, for the reason that several of the bands claimed to 
have been parties thereto deny any connection with the making of the 
treaty, and refuse to be governed by its stipulations. To avoid this dif¬ 
ficulty in the future every effort should be made and every reasonable 
inducement held out to the Indians to secure unanimity on their part of 
approval of any agreement that may be made. 

In conducting your negotiations for the cession of a portion of the 
reservation to the United States weight should be given to two consid¬ 
erations, viz, the actual value of the lands ceded, and the necessities of 
the Indians. 

The agreement entered into should clearly describe the portion of 
the reservation ceded and the consideration to be paid therefor, ex¬ 
pressed in such form as to admit of the largest discretion being exer¬ 
cised by the Department in relation to the manner of investing or ex¬ 
pending such consideration for the welfare of the Indians. 

You will endeavor to thoroughly impress upon their minds the fact 
that any agreement thus entered into will be binding only upon its 
ratification by Congress. 

I inclose herewith a copy of the treaty of 1868, by the terms of 
which said reservation was created. 

You will submit a detailed report of your action in the premises, to¬ 
gether with such recommendations upon the subject as you may deem fit 
and proper. 

The War Department has been notified of your appointment and re¬ 
quested to furnish you, through the proper officer in command, any 
needed transportation. 

You will be allowed your necessary expenses while engaged upon this 
duty. 

Very respectfully, your obedient servant, 

EDW. P. SMITH, 

Commissioner. 

Hon. Felix R. Brunot, 

President Board Indian Commissioners , Cheyenne , Wyoming. 

Hon. Nathan Bishop, 

Board Indian Commissioners , New York City. 

1 went to Denver, en route to the Los Pinos Ute agency, as soon as my 
duties as a member of the commission to treat with the Crow tribe of In¬ 
dians, were completed. At Denver I learned that Hon. Nathan Bishop, 
my colleague, would not be able to join me. Owing to the unavoidable 
detention at the Crow agency, the time appointed for the Ute council had 
passed, and further delay seemed inexpedient. I therefore went on to 
Los Pinos as soon as possible, accompanied only by Mr. Thos. K. Cree, 
secretary, and Dr. J. Phillips, who had been engaged as Spanish inter¬ 
preter. 

We arrived at Los Pinos on the 6th of September, going via South 
Park and the Poncho Pass. The Department letter informing me that 
transportation for the commission would be provided at Fort Garland, 
was only received on arrival at Los Pinos. Ouray, the head chief, the 
principal chiefs of the seven bands of Utes, and a large number of the 
people were encamped in the vicinity of the agency, and the council was 
assembled on the morning of tho 6th. Mr. John Lawrence acted as 


8 


Spanish interpreter, Mr. James Fullerton being also present at the re 
quest of Ouray. It soon became apparent that the Utes had misappre¬ 
hended the wishes of the Government, and were mistaken in regard to 
their own interests. They had received the impression that the commis¬ 
sion was appointed to purchase from them only the mines already dis¬ 
covered, and these they were willing to sell with the right of way by 
one road to reach them. They also claimed that the commissioner who 
made with them the treaty of 1868, pointed out the Cochitopa mountains 
as the eastern line of their reservation, but that now, the surveyors 
said, the line was twelve miles west of the agency buildings, instead 
of the same distance east of the agency as had been promised at the 
treaty. They also claimed that the commissioners told them the south¬ 
ern line of the reservation was upon the highland, south of the San Juan 
river, but that now surveyors had marked a line (the southern line of 
Colorado) north of the river, which they were told was the limit of their 
reservation. Both of these lines they desired to have re-instated in the 
proposed sub-treaty. The Muaches and Capotes wanted to have their 
agency continued at Cimmaron in New Mexico, and to make its con¬ 
tinuance there a condition of even the sale they proposed. None of 
them were willing to sell any part of the agricultural lands of the reser¬ 
vation. 

Believing that to purchase the existing mines only, would but post¬ 
pone for a few months the apprehended collision between the whites 
and the Indians, and consequently be of little benefit either to them or 
to the Government, I declined to enter into such negotiations. 

Having no authority on the subject of the lines of the reservation, 
that question was withdrawn from the council by the promise that the 
chiefs should visit Washington to make their representations to the 
Government in person. 

The New Mexico Utes were told that their agency would be removed, 
but that I would not say it should be done at once, and they could send 
a delegation to Washington to state their case to the President, and 
if the President thought it best to do so, he would perhaps allow them 
to remain longer at Cimmaron. 

The council continued four days, with two days intervening. Such 
arguments were used as seemed proper to lead the minds of the Indians 
to an understanding of the importance of an early adjustment of the 
differences between the people of Colorado and themselves, the fairness 
of the proposition made on the part of the Government, and its accord¬ 
ance with their own best interests. No presents were given to influ¬ 
ence them, and no promises were made, other than those mentioned in 
this report and such as are named in the agreement. Every part of 
the articles of agreement was carefully explained, and seemed to be fully 
discussed and understood by all the Indians. 

After I had left the agency, Ouray dictated a letter expressing his 
satisfaction with the result. 

To satisfy some of the Weeminuche band, who feared that their agri¬ 
cultural and grazing laud on the San Miguel might be included within 
the lines of the ceded country, Messrs. Cree, Adams, and Dolan accom¬ 
panied by sixof the chiefs, went through the mountains, occupying a week 
in the journey. It will be seen by examining the boundaries of the 
country ceded, that it does not include the agricultural and grass lands 
in the southern part of the reservation. A portion of the Utes have 
always lived in New Mexico. To remove them to the comparatively 
inhospitable climate of the higher latitude and greater altitude of the 
northern part of the reservation, would be unjust, and a needless cruelty. 




9 

In conclusion, I respectfully make tlie following recommendations: 

1st. That to prevent intrusion of settlers or herders upon the agency, 
until such time as it shall be removed to the Gunnison river or else¬ 
where—a tract of land extending from the Cochitopa Mountains on the 
east to a line six miles west of the agency buildings, and in width from 
North to South twelve miles—the agency buildings being in the cen¬ 
tre—be added to the Ute reservation. 

2d. That the action of Congress upon the contract be solicited as 
earl}' as possible, and that until such action can be had, no persons other 
than the miners shall be permitted to go upon the Ute reservation as it 
now exists. 

3d. That should Congress ratify the contract, the lines should at 
once be surveyed and distinctly marked, so that both whites and Indians 
may know them, and that, in any case, special measures should be 
adopted to prevent the encroachment of whites upon the unceded por¬ 
tions of tlie reservation. 

I respectfully submit herewith : 

1st. The contract with the Ute Indians in Colorado, which cedes to 
the United States a portion of their reservation. 

2d. Letter of Ouray, head chief of the Utes, and letter enclosing 
a copy of the same to the Governor of Colorado. 

3d. Narrative of the proceedings of the Commission by T. K. Cree, 
secretary. 

4th. Minutes of the council with the Utes. 

5th. Interview with Ouray at Cheyenne. 

I desire to express the utmost confidence in the friendly disposition of 
the Ute Indians, and to commend their head chief, Ouray, for his devo¬ 
tion to both the interests of the Government and of his people. 

To T. K. Cree, secretary; Charles Adams, agent at Los Pinos; Thomas 
Dolan, agent from Cimmaron, and to the interpreters, my thanks are 
due for the most cordial and efficient co-operation. 

Very respectfullv, your obedient servant, 

FELIX R. BRUNOT, 

Special Commissioner. 

Hon. C. Delano, 

Secretary of the Interior. 



Mr. Brunot. Los Pinos Agency, 

September 13, 1873. 

Dear Sir: You have been to see us, and we have had a good time. 
\Ye want you should tell Governor Ebbert and the people in the Terri¬ 
tory that we are well pleased and perfectly satisfied with everything 
that has been done. Perhaps some of the people will not like it be¬ 
cause we did not wish to sell some of our valleys and farming-land. We 
think we had good reasons for not doing so. We expect to occupy it 
ourselves before long for farming and stock raising. About eighty of 
our tribe are raising corn and wheat now, and we know not how soon 
we shall all have to depend on ourselves for our bread. We do not 
want to sell our valley and farming-land for another reason. We know 
if we should the whites would go on it right oft*, build their cabius, drive 



10 


in tlieir stock, which would of course stray on our lands, and then the 
whites themselves would crowd upon us till there would be trouble. 

We have many friends among the people in this territory, and want to 
live at peace, and oh good terms with them, and we feel it would be bet¬ 
ter for all parties for a mountain range to be between us. We are per¬ 
fectly willing to sell our mountain land, and hope the miners will find 
heaps of gold and silver, and we have no wish to molest them or make 
them any trouble. We do not want they should go down into our valleys 
however, and kill or scare away our game. 

We expect there will be much talk among the people, and in the papers 
about what we have done, and we hope you will let the people know how 
we feel about it. Truly your friend, 

OURAY.” 

This letter was forwarded to the Governor of the territory with the 
following letter, both of which were published by the territorial press: 

“Manitou, Col., September 18, 1873. 

Dear Sir : I left the Los Pinos agency on Saturday, 13th inst., stop¬ 
ping over Sunday at Saguache. On Monday morning I received a let¬ 
ter dictated by Ouray, the head chief of the Utes, after my departure, in 
which he requests me to communicate certain things to the Governor 
and people of Colorado. 

I regret that pressing engagements prevent me from remaining in 
Denver long enough to confer with you in person on the subject. 

I enclose a copy of the letter and suggest its publication. 

The desire of the Utes to retain the agricultural portion of their country 
seems reasonable, and the friendly feelings expressed by Ouray towards 
the miners and the people of Colorado, I have reason to believe, are 
shared not only by all the Utes who were present at the council, but by 
the whole tribe. I sincerely hope this friendly feeling will be recipro¬ 
cated by the whites, and that the sensational reports of “threatened out¬ 
breaks of the Utes” will cease, or will be treated by the authorities, and 
all good citizens, with the contempt and discredit they deserve. 

The late negotiations were surrounded by many embarassments, but 
I am happy to state that notwithstanding these, a result lias been 
reached which is beneficial both to the territory of Colorado and to the 
Indians. A contract has been made for the cession to the United States 
of all the mountain country supposed to contain metals, embraced in an 
area of over 60 by 100 miles. 

The Uncompagre Park, the Gunnison and San Miguel Rivers, and 
the agricultural and grazing lands on the south end of the present reser¬ 
vation are reserved to the Indians—the latter being intended for the 
future occupancy of the Muache, Capote, and other Utes now in New 
Mexico. 

The commission of last summer, after failing in its object, proposed to 
the Utes “to sell the mines,” and they supposing this to mean only the 
mines already discovered and worked, it was difficult for many of the 
Indians to comprehend why the present commission would not "consent 
to negotiate for these alone. 

Yery respeetfully, your obedient servant, 

FELIX R. BRUNOT, 

Special Commissioner . 

Gov. S. H. Ebbert, 

Denver City , Colorado Territory .” 


11 


ARTICLES OF CONTENTION. 

Articles of a convention made and entered into at the Los Pinos 
agency for the Ute Indians, on the 13th day of September, 1873, by and 
between Felix R. Brunot, commissioner in behalf of the United States, 
and the chiefs, head men and men of the Tabequaclie, Muache, Capote, 
Weemiuuche, Yampa, Grand ltiver and Uintah bands of Ute Indians. 
Witnesseth, that whereas a treaty was made with the confederated band, 
of the Ute nation on the second day of March, A. D. 18G8, and proclaimed 
by the President of the United States on the sixth day of November, 
18G8, the second article of which defines by certain lines the limits of a 
reservation to be owned and occupied by the Ute Indians; and whereas, 
by act of Congress approved April 23, 1872, the Secretary of the Inte¬ 
rior was u authorized and empowered to enter into negotiations with the 
Ute Indians in Colorado for the extinguishment of their right” to a cer¬ 
tain portion of said reservation, and a commission was appointed on the 
1st day of July, 1872, to conduct said negotiations; and whereas, said 
negotiation having failed, owing to the refusal of said Indians to relin¬ 
quish their right to any portion of said reservation, a new commission 
was appointed by the Secretary of the Interior by letter of June 2,1873, 
to conduct said negotiation. 

Now, therefore, Felix It. Brunot, commissioner in behalf of the United 
States, and the chiefs and people of the Tabequache, Muache, Capote, 
Weemiuuche, Yampa, and Grand River, and Uintah, the confederated 
bands of the Ute nation, do enter into the following agreement: 

Article I. 

The confederated bands of the Ute nation hereby relinquish to the 
United States all right, title, interest, and claim in and to the following- 
described portion of the reservation heretofore conveyed to them by the 
United States, viz: Beginning at a point on the eastern boundary of 
said reservation fifteen miles due north from the southern boundary of 
the Territory of Colorado, and running thence west on a line parallel 
with the said southern boundary to a point on said line twenty miles 
due east of the western boundary of Colorado Territory ; thence north 
by a line parallel with the said western boundary to a point ten miles 
north of the point where said line intersects the thirty-eighth parallel of 
north latitude; thence east to the eastern boundary of the reservation; 
and thence south along said boundary to the place of beginning: Pro¬ 
vided, That if any part of the Uncompagre Park shall be found to ex¬ 
tend south of the north line of said described country, the same is not 
intended to be included therein, and is hereby reserved and retained as 
a portion of the Ute reservation. 

Article II. 

The United States shall permit the Ute Indians to hunt upon said lands 
so long as the game lasts, and the Indians are at peace with the white 
people. 

Article III. 

The United States agree to set apart and hold as a perpetual trust 
for the Ute Indians a sum of money, or its equivalent in bonds, which 
shall be sufficient to produce the sum of twenty-five thousand dollars 
($25,000) per annum, which sum of twenty-five thousand dollars per 


12 


annum shall be disbursed or invested at the discretion of the President, 
or as he may direct, for the use and benefit of the Ute Indians annually 
forever. 

Article IV. 

The United States agree, so soon as the President may deem it ne¬ 
cessary or expedient, to erect proper buildings and establish an agency 
for the Weeminuche, Muache, and Capote bands of Ute Indians, at some 
suitable point to be hereafter selected on the southern part of the 
Ute reservation. 

Article V. 

All the provisions of the treaty of 18G8, not altered by this agree¬ 
ment, shall continue in force; and the following words from Article II 
of said treaty, viz., “The United States now solemnly agree that no 
person except those herein authorized to do so, and except such officers, 
agents, and employes of the Government as may be authorized to enter 
upon Indian reservations in discharge of duties enjoined by law, shall 
ever be permitted to pass over, settle upon, or reside, in the territory” 
described in the article, “except as herein otherwise provided,” are 
hereby expressly reaffirmed, except so far as they applied to the country 
herein relinquished. 

Article VI. 

In consideration of the services of Ouray, head chief of the Ute Nation, 
he shall receive a salary of one thousand dollars per annum for the 
term of ten years, or so long as he shall remain head chief of the Utes 
and at peace with the United States. 

Article VII. 

This agreement is subject to ratification or rejection by the Congress 
of the United States and the President. 

FELIX R. BRUNOT, [seal.] 
Commissioner . 

Attest: Thomas K. Cree, Secretary . 

James Phillips, M. D., 

John Lawrence, Interpreters. 

OURAY, his X mark, principal chief. 

SAPIVANEEI, his X mark, chief of Tabequaclies. 

GUERO, his X mark, chief of Tabequaclies. 

CHAVAXAUX, his X mark, chief of Tabequaches. 

TO-SAH, his X mark, chief of Tabequaches. 

CHAVIS, his X mark, chief of Capotes. 

COROXEA, his X mark, chief of Capotes. 

KUCHUMPIAS, his X mark, chief of Capotes. 

TOPAAZ, his X mark, chief of Weeminuches. 

MAATCHICK, his X mark, chief of Muaches. 

TAVANASEEIKA, his X mark, Weeminucbe warrior. 

VICENTE, his X mark, Muache warrior. 

PEOCH, his X mark, Capote warrior. 

ACAVUT, his X mark, Capote Warrior. 

SIUM, his X mark, Tabequache warrior. 


13 


PASIZ, liis X mark, Weeminuche warrior. 

JOSE MARIA, his X mark, chief of Muaclies. 
AXCATOSH, his X mark, chief of Mnaches. 

JUAX, his X mark, chief of Muaclies. 

JOIIX, his X mark, Muache, (sou of Kaneatche.) 
CHAVEZ, his X mark, chief of Tabequaches. 
CURECAXTE, his X mark, chief of Muaclies. 

PARISIO, his X mark, Muache warrior. 

YAXKO, his X mark, chief of Graud River Utes. 
QUATUXUCUTZ, his X mark, Capote warrior. 
McCOOK, his X mark, Tabequache warrior. 

BUFFALO, his X mark, Tabequache warrior. 

PAZIUTS, his X mark, Capote warrior. 

YALUPE, his X mark, Muache warrior. 

JUAX AXTOXIO, his X mark, Muache warrior. 
lvIKO, his X mark, Capote warrior. 

SAPAYA, his X mark, Tabequache warrior. 
SATCHUVA, his X mark, Weeminuche warrior. 

ARTZ, his X mark, Tabequache warrior. 

PASQUAH, his X mark, Yampah, warrior. 

BRUXOT, his X mark, Tabequache, warrior. 

AROP, his X mark, Weeminuche warrior. 

CORUTZ, his X mark, Muache warrior. 

TERAMTUP, his X mark, Muache warrior. 
ACOMUWEP, his X mark, Capote warrior. 
WASHIXGTOX, his X mark, Chief of Capotes. 

PERO, his X mark, Weeminuche warrior. 

PAZIO, his X mark, Capote warrior. 

JOXEJO, his X mark, Capote warrior. 

AZUMPITZ, his X mark, Capote warrior. 

AXTELOPE, his X mark, Tabequache warrior. 
AIGUILL AR, his X mark, chief of Muaclies. 

ALAMOX, his X mark, chief of Munches. 

COCHO, his X mark, chief of Tabequaches. 
QUAXUSUTZ, his X mark, Tabequache warrior. 
TESAQUEXT, his X mark, Muache warrior. 

TAYAUXE, his X mark, Tabequache warrior. 

MUUS, his X mark, Muache warrior. 

PATCHUYUUTZ, his X mark, Tabequache warrior. 
OCIIOS BLAXCOS, his X mark, Muache warrior. 
KIRATZ, his X mark, Tabequache warrior. 

WAPAXAS, his X mark, Tabequache warrior. 
MARTIXE, liis X mark, Muache warrior. 

MAXUEL, his X mark, Muache warrior. 

SAMORA, his X mark, Muache sub-chief. 

PEXARITZ, his X mark, Tabequache warrior. 
WAIAZITZ, his X mark, Tabequache warrior. 

JOSE RAPIER, his X mark, Muache warrior. 
TESAQUITZ, his X mark, Muache warrior. 

TAOS, his X mark, Muache warrior. 

CUCHATOAZ, his X mark, Tabequache warrior. 

WA^AZITZIASKITZ, his X mark, Tabequache warrior. 
KEWUKPO, his X mark, Muache warrior. 
CHRISTIAXO, his X mark, Muache warrior. 
AXACKSIZ, his X mark, Tabequache warrior. 
SAPUUTZ, his X mark, Tabequache warrior. 


14 


JAPABKA, his X mark, Tabequache warrior. 
WANKOBO, his X mark, Tabequache warrior. 
BETUBE, his X mark, Tabequache warrior. 
CIMMABOX, his X mark, Muache warrior. 
WAXUPOXIKA, his X mark, Tabequache warrior. 
LOVO, his X mark, chief of Tabequaches. 

COLOBADO, his X mark, chief of Tabequaches. 
CABBESA XEGBO, his X mark, Muache warrior. 
WEUTZ, his X mark, Tabequache warrior. 

TBIJCHA, his X mark, Tabequache warrior. 

ATOB, his X mark, Tabequache Warrior. 
SAPITOAWICK, his X mark, Tabequache warrior. 

JOE, his X mark, Muache warrior. 

TUG, his X mark, Tabequache warrior. 

XEHAXTBO, his X mark, Tabequache warrior. 

JUAX MABTIXE, his X mark, Muache sub-chief. 
BIPIS, his X mark, Muache warrior. 

ZIGAH, his X mark, Tabequache warrior. 

WETOYOBA, his X mark, Tabequache warrior. 
KAMOEV, his X mark, Tabequache warrior. 

AYOA, his X mark, Tabequache warrior. 
SHAYAXAKOYAXT, his X mark, Tabequache warrior. 
ZAXOYABAP, his X mark, Tabequache warrior. 
XOAWAKIT, his X mark, Tabequache warrior. 
ZABIWAP, his X mark, Tabequache warrior. 

UOAXAB, his X mark, Tabequache warrior. 
COMAXCHE, his X mark, Tabequache warrior. 

OTOIS, his X mark, Tabequache warrior. 

KATZUPIX, his X mark, Tabequache warrior. 
TAMAWITCHI, his X mark, Tabequache warrior. 
KUTZAPOBUTZ, his X mark, Tabequache warrior. 
WAIS, his X mark, Tabequache warrior. 

SEPEIS, his X mark, Muache warrior. 

WAPOXIKATZ, his X mark, Tabequache warrior. 
ZAPABITZAS, his X mark, Tabequache warrior. 
KUTZA COMAXCHE, Tabequache warrior. 

XIJEATZ, his X mark, Tabequache warrior. 

IZAZAH, his X mark, Tabequache. 

CHABLEY, his X mark, Tabequache. 

APAXTOA, his X mark, Tabequache. 

X ATX AO, his X mark, Tabequache. 

AKA, his X mark, Tabequache. 

TAMAJO, his X mark, Tabequache. 

KOAPUITZ, his X mark, Tabequache. 

OXABUPE, his X mark, Tabequache. 

ZIAH, his X mark, Tabequache. 

GUATAXAB, his X mark, Tabequache. 

POEXIKA, his X mark, Tabequache. 

AKAIOCK, his X mark, Tabequache. 

BEGIS, his X mark, Tabequache. 

POEYIS, his X mark, Tabequache. 

POYOCIAT, his X mark, Tabequache. 
TABEGUACHEUT, his X mark, Tabequache. 

UBSO, his X mark, Tabequache. 

KEBEXOMES, his X mark, Tabequache. 

ACATEWICH, his X mark, Tabequache. 


15 



ANCATARA, his X mark, Tabequache. 

BATTER, his X mark, Tabequache. 

ATZCAYI, his X mark, Tabequache. 

ATZU, his X mark, Tabequache. 

PAIS A IS, his X mark, Tabequache. 

CAPOTAYET, his X mark, Tabequache. 

We, the undersigned, were present at the signing of the articles of 
agreement with the Ute Indians, and are hereby witnesses to their 
marks. 

THOMAS K. CREE, 
Secretary Special TJte Commission. 
CHARLES ADAMS, 

U. S. Indian Agent. 
OTTO MEARS. 

THOMAS A. DOLAN. 
STEPHEN A. DOLE. 


KAMUCK, his X mark. 

LIOK, his X mark, Muache. 

TEPUTZEIT, his X mark. 

LUPUGET, his X mark. 

PONITZ, his X mark. 

LAG AY AYUNER, his X mark. 

WAZIAP, his X mark. 

POVYA, his X mark. 

TAMSERIK, his X mark. 

MOUPITIZ, his X mark. 

ACAYIT, his X mark. 

LAREWICH, his X mark. 

UNCANANTE, his X mark, Chief of Uncompagne Tabequache. 
WAP-SOP, his X mark, of Uncompayne, Tabequache. 

PAG ANACHUCKCHUCK, his X mark, C. Tabequache. 

NO-ART, liis X mark, Tabeguache. 

KANE-ATCHE, his X mark, Chief of Muache. 

TO-MO-ASET, his X mark, Muache. 

ONE-A-RA-NICH, his X mark, Muache. 

SIARCH-A-KITZ, his X mark, Tabequache. 
SO-A-MIUGEN-QUA-BOA, his X mark, Tabequache. 
TO-SA-SET-TO-BE-QUA, his X mark, Tabequache. 

WE-SUC, his X mark, Tabeguache. 
TE-SEN-PAR-KIN-A-QUET, his X mark, Tabequache. 
TUC-A-WA-BE-QUET, his X mark, Tabequache. 
SAH-ACH-CHOUE, his X mark, Tabequache. 
KA-TON-A-WAC, his X mark, Tabequache. 

MOYE-GA-RITZ, his X mark, Tabequache. 

TUP-A-SO-A, his X mark, Tabequache. 

SO WA-WICK, his X mark, Tabequache. 

MUR-A-TO, his X mark, Tabequache. 

PAL-MA-CUCH, his X mark, Tabequache. 

TU-UP-O-NA-RITZ, his X mark, Tabequache. 

MA-YE-TO, his X mark, Tabequache. 

TABERE, his X mark, Tabequache. 

PO-KA-NE TE, his X mark, Tabequache. 

PE-ER-GUE IT, his X mark, Tabequache. 

TU-GU-OP, his X mark, Tabequache. 

SAPIO, his X mark, Tabequache. 


16 


PO-WA-RA, his X mark, Chief of Weeminuches. 
WACH-CUP, his X mark, Weeminuches. 
OUA-SU-ACH, his X mark, Weeminuches. 

CA VE SOX-AOH, his X mark, Weeminuches. 
PER-CA-PE-SE-ACH, his X mark, Weeminuches. 
A-WA-RE-OTZ, his X mark, Weeminuches. 
E-TA-QU-OO-AM, his X mark, Weeminuches. 
SA-O-ARTZ, his X mark, Weeminuches. 
MO-AR-TA-WITZ, his X mark, Weeminuches. 
WA-WA-TA-EY, his X mark, Weeminuches. 

SU-APH, his X mark, Weeminuches sub-chief. 
JOSE-MARIE, Weeminuches sub-chief. 

OU-A-SEXT, Uncompagre-Tabequache. 

SI VICH, Uncompagre-Tabequache. 

SI-VICH ARCH, Uncompagre-Tabequache. 
AUA-RA-U, his X mark, Muache. 

MARROMARA, his X mark, Muache. 

SU-ER-UP, his X mark, Muache. 

TO-OOO, his X mark, Muache. 

XA-CO-VARTS, his X mark. 

U-PAR-CA-RA-RITZ, his X mark. 

OPO-PAR ITZ, his X mark. 

OU-A-SIZ, his X mark, Tabequache. 

PE-RO-RE, his X mark, Tabequache. 

ET-O-OKE, his X mark, Tabequache. 

TA-BE ROXER, his X mark, Tabequache. 

PAH-SOXE, his X mark, Tabequache. 
TE-RA-MA-TU-KE, his X mark, Tabequache,. 
TO-SI-ACH, his X mark, Tabequache. 

CA-VA-RUP, his X mark, Tabequache. 

TU-YAH, his X mark, Tabequache. 

OUE-A-ZARTS, his X mark, Tabequache. 
SACH-E-WE, his X mark, Tabequache. 

AR-RACH, his X mark, Tabequache. 

AR-RUP, liis X mark, Tabequache. 

PEACH-SUP, his X mark, Tabequache. 

SA-A-WIP, his X mark, Tabequache. 

OU-A-CU-RITZ, his X mark, Tabequache. 

AVA-SU-IP, his X mark, Tabequache. 

XA-XA-W1TZ, his X mark, Tabequache. 

WA-RI-TI-ZI, his X mark, Tabequache. 
LE-AP-OU-AX-EX, his X mark, Tabequache. 
WAP-PAH-PI, his X mark, Tabequache. 
WE-XA-QUTZ, his X mark, Tabequache. 
XO-ACH-A-ITZ, his X mark, Tabequache. 
COX-A-RA-KUCII, his X mark, Tabequache. 
SO-VA-XER, his X mark, Tabequache. 
OUI-XACH-E-VI-ACH, his X mark, Tabequache. 
ARCHUE, his X mark, Tabequache. 

ARMACOS, his X mark, Tabequache. 

OA-RA-ECH, his X mark, Tabequache. 
CAP-CHU-MA-CHAR-KITZ, his X mark, Tabequache. 
KI-IZE, his X mark, Tabequache. 

PER-E-QUE, his X mark, Tabequache. 

U-CH-CA-MIR, his X mark, Tabequache. 
UCH-CA-POO-RITZ, his X mark, Tabequache. 


17 


UCTT-A-LITB, his X mark, Tabequache. 

TO-KO MANTZ, liis X mark, Tabequache, sub-chief. 
KO-CHUP-A-SITZ, his X mark, Tabequache, sub-chief. 

AR-0 A-VA-REQUA, his X mark, Tabequache, sub-chief. 
WE-GA-YA-REQUA, his X mark, Tabequache, sub-chief. 

SIIA-YAQUA-TO-ARK, his X mark, Tabequache, sub-chief. 
WE-GA-YA, his X mark, Tabequache, sub-chief. 

SEA-RACH, his X mark, Tabequache, sub-chief. 

SO O-MO-QUITZ, his X mark, Tabequache, sub-cliief. 
PEAROH, his X mark, Tabequache, sub-chief. 
COH-PA-RUM, his X mark, Tabequache, sub-cliief. 
TA-R-TACH, his X mark, Tabequaclie, sub-chie f. 
WOH-CHICH-A-ARK, his X mark, Tabequache, sub-cliief. 
GUEOO-MU-OniCK, his X mark, Tabequache, sub-chief. 
AR-PA-CIIITZ, his X mark, Tabequache, sub-chief. 
YER-PUTZ, his X mark, Tabequache. 

UN-NO-WART, his X mark. 

SUTE-QU-ERTZ, his X mark, Tabequache, sub-cliief. 
PAS-QUES, his X mark, Tabequache, sub-chief. 
JOSE-RAPHAEL, his X mark, Tabequache, sub-chief. 
RAPHAEL, his X mark, Tabequache, sub-chief. 

SPUR-OE, his X mark, Tabequache, sub-chief. 
TA-R-AH-WAH, his X mark, Tabequache, sub-chief. 
KA-QUA-NAH, his X mark, Tabequache, sub-chief. 
OE-BO-ATZ, his X mark, Tabequache, sub-cliief. 

ACA-UNE, liis X mark, Tabequache, sub-chief. 


We, the undersigned, were present at the signing of the articles of 
agreement with the Ute Indians, and are hereby witnesses to their 
marks. 

THOMAS K. CREE, 
Secretary Special Ute Commission . 
CHARLES ADAMS, 

United States Indian Agent. 
OTTO MEARS, 

THOMAS A. DOLAN, 
STEPHEN A. DOLE. 


CARWARNEO, his X mark. 
OBATAH, his X mark. 
MARTINE, his X mark. 

JOSE, his X mark. 
NACOSEBU, his X mark. 
CANHEAR, his X mark. 
MOPUCH, his X mark. 
WARWADAH, his X mark. 
YAHTANAH, his X mark. 
MOCATACHER, his X mark. 
CENPONOUGH, his X mark. 
COUCHEWATAK, his X mark. 
TAHPOWATA, his X mark. 

PUN-GO-SE, his X mark. 
SEYARO, his X mark. 
TERREON, his X mark. 
IGNACEO, his X mark. 
JUAN-ANCHO, his X mark. 

2 U 


18 

CUNASPECHE, his X mark. 

PO WINCH A, bis X mark. 

TOWIAR, bis X mark. 

CABAZON, bis X mark. 

WAEHOUP, bis X mark. 

ARVAOCH, bis X mark. 

OTOCORA, bis X mark. 

PECQUOUGH, bis X mark. 

OUICEAGER, his X mark. 

OJOS-BLANCOS, bis X mark. 

MTJECETE, his X mark. 

CAEHAPURO, bis X mark. 

NAVACARTIA, bis X mark. 

MAROON, bis X mark. 

SARVOWEAVA, his X mark. 

CAEETA, bis X mark. 

OUAVEROEH, bis X mark. 

SEVALHO, his X mark. 

PETOBOUN, bis X mark. 

WE EH A, bis X mark. 

SWOP!A, bis X mark. 

QU1NCH, bis X mark. 

OVETO, his X mark. 

YEANEER, bis X mark. 

PAREWIOH, bis X mark. 

SERA-BU-TOM, bis X mark. 

We,-the undersigned, were present at the signing of the articles of 
agreement with the Ute Indians, and are hereby witnesses to their 
marks. 

THOMAS A. DOLAN, 

T. D. BURNS, 

M. Y. STEVENS. 

Narrative of the proceedings of the Commission to negotiate with the Ute 
Indians in Colorado. 

At the conclusion of the successful negotiation with the Crow In¬ 
dians, in Montana, Hon. Eelix R. Brunot, special commissioner to nego¬ 
tiate with the Ute Indians, accompanied by Thomas K. Cree, as secretary, 
arrived at Cheyenne, Wyoming Territory, August 25th. We were here 
met by James Phillips, M. D., of Washington, who bad been engaged 
as Spanish interpreter. 

We bad expected to be met at this place by some employ^, of the 
Central Superintendency, having in charge u Friday, 77 the son of Ouray, 
head chief of the Ute Indians, who has been a captive among the Ara- 
pahoes for some ten years. The importance of his return to the 
tribe by the commission at this time, is shown by the accompanying re¬ 
port of the interview with Ouray, at Cheyenne, which had been for¬ 
warded by us to the Interior Department, under date of June 24th. 
Instructions had been sent by the Commissioner of Indian Affairs “ to 
spare no trouble or reasonable expense in securing the young man, 77 and 
we bad requested by letter that lie be held in readiness to send to Den¬ 
ver early in August. We learned on arriving there, August 27th, that 
the agent of the Arapahoes bad started from the Arapahoe camp on the 
18th of August, expecting to reach Fort Scott, the nearest railroad 



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MS 






N. PETERS PHOTO-UTHOGRAPHER, WASHINGTON 0 C 




































































































































































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agrt 

mar 


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181 



19 


station, on the 26th. We waited till the 1st of September, when, re¬ 
ceiving no further intelligence in regard to him, we started for the Ute 
agency, at Los Pinos. • 

After a drive of two hundred miles we reached the agency, on the 
evening of the 5th of September. 

It had been contemplated to hold the council about the 20th of Au¬ 
gust, and instructions had been sent to the agents at White River and 
Denver and the superintendent in New Mexico to have the Indians from 
the several Ute agencies assemble at Los Pinos prior to that date, but 
the negotiations with the Crow Indians having been more protracted 
than we had anticipated, the Indiaus were detained some three weeks 
waiting for us. 

On our arrival we found about one thousand Indians at the agency, 
including all the representative-meu of the Ta-be-quache baud, all the 
Muache and Capote bands, in charge of Thomas Dolan, sub-ageut at 
Cimmaron, seven representatives of the Weeininueke, and one each from 
the penver and White River bands. 

Prom information received prior to reaching the agency, we were led 
to suppose the negotiations would be attended with but little serious 
difficulty, but on arriving we found little to encourage us in hoping for 
a successful termination. 

We found the Indians liad been much dissatisfied at our long de¬ 
lay. The telegram changing the date of the council, and accounting for 
our non-arrival, having failed to reach the agency. 

Ouray was greatly disappointed at the failure to bring his son Friday 
with us. He had said in the interview at Cheyenne, “The Government 
is strong enough to get my boy if it wished to do so, and if it shows an 
interest in me, and a desire to do what I wish, I will do what I can in 
carrying out the wishes of the Government in regard to the negotia¬ 
tions.” 

We met one surveying party, acting under the authority of the sur¬ 
veyor-general of the territory, sectionizing for settlement the country 
within a short distance of the agency buildings, on which the Indians 
were camped waiting for the council, and which the Indians claim is a 
portion of their reservation. 

A military surveying party, acting under instruction from the military 
authorities of the Department, had been engaged in surveying and 
making observations upon the reservation, much to the annoyance of the 
Indians, who could not understand the object of such survey. The of¬ 
ficer in charge had informed the Indians that the eastern line of their 
reservation was some twenty miles west of the Cochitopa range, which 
they have always claimed as their eastern boundary, and that the 
agency buildings (which at the time of their location were supposed to 
be upon the reservation) were some twelve miles east of the reservation 
line. 

One division of Professor Hayden’s exploring party had spent some 
time upon their reservation, making surveys and taking observations, 
which excited the suspicions of the Indians; and the substance of let¬ 
ters from the newspaper-correspondents accompanying the expedition, 
expressing views very offensive to the Indians, was kuown to them. 

Parties of miners had repeatedly endeavored to pass by the agency 
and enter the reservation at places where the Indians were not willing 
they should go; and some of the miners with whom the Indians came 
into contact, said u the government was away east iu the States, and 
had no power in the mines; it could not protect the Indians; and that 
they did not care whether they sold the mines or not, they were going 
to stay.” 


20 


The President had issued an order to eject the miners and other un¬ 
authorized persons from the reservation under the following article of 
the treaty of 18G8: • 

The United States now solemnly agree that no person except these herein authorized 
so to do, and except such officers, agents, and employes of the Government as may be 
authorized to enter upon Indian reservations in discharge of duties enjoined by law, 
shall ever be permitted to pass over, settle upon, or reside in the territory described in 
this article, except as hereih otherwise provided. 

The execution of this order had been suspended; and this gave color 
to the statement of the miners, and led them to believe that the Gov¬ 
ernment would take no action in regard to their jnesence upon the 
reservation if the Indians persisted in their refusal to sell. The fact 
that for two years the presence of miners upon the reservation in con¬ 
siderable numbers was well known, aud that the frequent complaints of 
the Indians were disregarded, led them to distrust the promises of the 
Government. 

The southern boundary line of the reservation was also a considerable 
distance north of the natural boundary line which the Indians assert 
was given them at the time of the treaty of 18G8; and that the mistake 
was not theirs is probable, from the fact that an actual survey" located 
in New Mexico, some distance below the northern boundary line, towns 
that had been, prior to it, claimed as being in Colorado. 

The annuity goods which the commission had hoped to have dis¬ 
tributed during the council, which had been shipped from New York 
June 1, and which they had specially requested should be at the 
agency, two hundred miles from the railroad, by August 1, had not 
arrived. Ten thousand dollars’ worth of presents bought for distribu¬ 
tion by the commission of 1872, and which had failed to reach the 
agency until after that commission had left, had all been distributed, 
except such articles as were useless and not valued by the Indians. 

The commission have reason to think that persons in New Mexico, 
whose interest it was to retain a portion of the Utes in that Territory, 
and whose influence was used against the success of the negotiation 
last year, endeavored to prejudice the Indians, prior to their coming to 
the council, against it this year, and induced them to insist, as a condi¬ 
tion of any agreement made, upon provisions which it would be impossi¬ 
ble for the commission to concede, or, if granted, would inure to the 
benefit of the parties interested. 

The negotiations of 1872 had brought prominently before the minds 
of the Indians all the objections to a sale, and they failed to realize any 
advantage it would be to them. 

After their refusal last year to negotiate for the region sought to be 
purchased, the commission asked them to sell only the mines. The 
Indians understood this as referring to the mines that were then actu¬ 
ally worked, and to include more of the surrounding country. These 
only, they were now willing to sell. The Indians seem to have kept 
their own counsel in regard to the matter, and no one knew what they 
proposed to do. Mr. Adams, the agent, while inferring they were wil¬ 
ling to make some arrangement, informed us that he did not know what 
they proposed to do, and was much surprised at their proposal when made 
in council. Letters had been received from various influential gentle¬ 
men recommending different parties as desirable ones to be present dur¬ 
ing the council, but profiting by the experience of the council of last 
year, and a knowledge of the usual manner of conducting Indian nego- * 
tiatious, the commission had requested that all unauthorized persons 
should be excluded from the agency during the council. 

The only advantages we had in the negotiation were the oft-tested 


21 


friendship of the Utes for the whites and their earnest desire to do all 
that would, in their opinion, tend to perpetuate and strengthen a recip¬ 
rocal feeling by the whites for them, and th$ fact that not a single white 
person was present during the council except those connected with the 
commission or the agency. 

The council convened on Saturday, September 0, and was con¬ 
tinued on Monday. The real business of the commission received but 
little attention ou these days, as the Indians iusisted upon bringing up 
questions in which they felt a more direct interest, such as their eastern 
and southern boundary lines, in regard to both of which they persist¬ 
ently asserted the Government had not kept faith with them. The 
bands at Terra Maria and Cimmaron, in New Mexico, insisted upon re¬ 
maining there for the present, expressing, however, a willingness to 
come upon the reservation at some future period, when the lands they 
now occupy shall be needed by the whites, and wished some promise 
before they would even consider the business proposed by the commis¬ 
sion. With these, and other outside questions, we could only assure 
them that we had nothing to do, but would carry their words to the 
Great Father, and he could do what he thought was right about them. 

# On Tuesday, owing to the absence of an interpreter selected by the 
Indians, no council was held; but the subject was fully discussed in all 
its bearings by the Indians among themselves. 

Wednesday the council again assembled, and a clear and explicit 
statement was made of the wishes of the Government, and the advan¬ 
tages to be derived by the Indians from an acceptance of the proposition 
of the commission were fully stated. The Indians replied with a dis¬ 
tinct counter proposition, which had been foreshadowed in the first in¬ 
terview with them, declaring their intentions and willingness to sell 
only the mines then being worked, selling nothing but the tops of the 
mountains, and including none of the valleys. The miners were to build 
no houses, and not to make the mining region a permanent place of resi¬ 
dence; but to come out each fall, returning again in the spring. For 
this purpose they would permit the use of a single road in entering and 
leaving the mines. This arrangement they thought, and urged upon 
the commission, was in accord with the proposition of the commission 
of 1872, and were much surprised on being informed that their proposi¬ 
tion could not even be entertained by the present commission. 

Thursday the proposition of the commission was again made in de¬ 
tail, giving them the boundaries of the proposed purchases, the price to 
be paid for it, and manner of payment, proposing a new agency upon 
the southern part of the reservation for the southern Utes, and reaffirm¬ 
ing the treaty of 1868, including the section in which the Government 
agreed to prevent the intrusion of unauthorized whites upon the reser¬ 
vation. It was also proposed that if this negotiation was successful a 
party of the Indians might visit Washington and lay before the Com¬ 
missioner of Indian Affairs the subjects they had brought up in council 
and which the commission could not decide for them. They listened to 
all with great attention, and earnestly discussed the subject for several 
hours among themselves. 

It was soon apparent that a large majority of the Indians really 
favored the proposition; but a small minority were very persistent in 
opposing it; aud finding they were not likely to reach an early conclu¬ 
sion the formal council was adjourned. 

The Indians continued to discuss the matter fully in council among 
themselves. 

On Friday morning many of the chiefs came expressing a willinguess 
to sign the paper containing the proposition made to them. 


22 


On Saturday morning, September, 13th Ouray, the head chief, and 
all the principal men came and expressed their desire to sign the articles 
of agreement, provided, after doing so, a delegation of chiefs, represent¬ 
ing the various bands, should visit the country sold, and if they found 
it was all mountains and mining country and contained no farming land 
then the agreement should stand and be signed by the others $ if not, 
then the agreement would fail as lacking the assent of the necessary 
three fourths of the tribe. 

This question with regard to the farming country was one of the most 
serious the commission had to meet. It had been asserted by one of the 
Weeininuche delegates that some forty of the band he represented were 
farming upon the part which it was proposed they should sell, and tha 
chiefs said, “ we will soon need all the farming land on our reservation 
as the time is not far distant when the Utes will have to give up hunt¬ 
ing and take to farming and stock-raising as the whites do.” 

That they should want a large territory is not to be wondered at. It 
is claimed by intelligent stock-men that it requires of average Colorado 
land five acres to support one sheep, and fifty acres for a horse or cow, 
and every large stock-raiser in the territory holds to the necessity for 
and his right to from five to ten thousand acres of public land as a stofck 
range. The Utes have already about six thousand horses and many 
cattle and sheep. 

The only portion of their reservation fit for farming land is along the 
southern boundary, below the mountain ranges; a strip along the San 
Miguel River, on the southwestern boundary 5 and the Uncompagre 
Park, and a small portion of the Gunnison. The central part being all 
a mass of mountains, containing no valleys of any size, and the western 
central part; as we are informed, being rocky, with the river courses 
through deep canons. The northern part is largely volcanic debris , 
producing neither grass, vegetation, or game, and lying at such an alti¬ 
tude as to be shut in from intercourse with the outside world by ice, and 
snow most of the year. Even the present agency at Los Pinos lies at so 
high an altitude as to be visited by frost every month in the year, effectu¬ 
ally preventing the raising of any kind of produce. During the winter 
months intercourse is kept up with Saguache, the nearest post-office, 
with uncertainty and danger. 

In accordance with the agreement made with the Indians, the secre¬ 
tary of the commission, accompanied by Mr. Charles Adams, agent at 
Los Pinos, Mr. Thomas Dolan, sub-agent at Tierra Maria, and Sapivaneri 
and Guaro, chiefs of the Tabequaches, Curecante and Corutz, chiefs of 
the Munches, Azumpitz, sub-chief, and Conejo, son of Sobeta, principal 
chief of the Capotes, and Antelope, an Iudian boy, started to inspect 
the country ceded. Leaving the agency, we traveled in a southwestern 
direction. After crossing a range of the Uncompagre Mountains, 
twelve thousand five hundred feet above sea-level at the point of cross¬ 
ing, the party camped on the south fork of the Gunnison Kiver, in what 
is known as the Lake mining-region. There is no farming and very little 
grazing land in this section ; but there is a fine chain of high mountains 
which are said to be rich in minerals, and in w hich several leads have 
been located. Crossing another range equally high, we struck a fork of 
the Rio Grande, following it to the head of Antelope Park, where, turn¬ 
ing off to the north, we crossed a high divide and struck the main body 
of the Rio Grande, which we followed to its head, crossing the range, at 
an altitude of thirteen thousand feet, to the head-waters of the Animas, 
along which, with its tributaries, is situated the celebrated San Juan 
mining country. We visited all the mines that have been at all devel- 


23 


oped. The Indians evinced much interest in the examination of their 
value. We saw but one mine that has been tested sufficiently to get 
much return from it. This one, it is stated, was stocked by a company 
at $500,000, although a legal title could not be made to the land on which 
it was located. The company have erected a mill and spent in it, and in 
developing their mine, some $75,000, and it is said the yield is about 
$1,000 in gold per day. The agent of this company informed us that 
they had now en route for the mines a fifteen-stamp mill with which they 
could produce $25,000 per week in gold. The vein is eighteen inches 
thick and it yields, it is claimed, from one to four thousand dollars per 
ton. One of the Indians, while in this mine, broke off a piece of rock 
weighing about a pound, which he crushed in a hand-mortar, getting 
from it, with his indifferent handling, about one dollar’s worth of gold. 

Since the purchase of the mining country the owners of tbe mine claim 
it to be worth double what it was worth before. At another vein, which 
has only been prospected, we found among the debris indications of free 
gold in every piece of rock. Other veins are said to yield as high as 
$8,000 in gold per ton. It is claimed the silver-veins are much more 
valuable than the gold leads. We were informed that one lead is six 
feet wide, and that another yields pay-ore in a vein forty feet wide, and 
indication of the precious metal sufficient to justify a claim for three 
hundred feet wide. Some five hundred to six hundred leads have been 
located, and about two hundred and fifty to three hundred miners were in 
the country at the time of our visit. The country is not only rich in gold 
and silver, but there are large deposits of copper, iron, lead, and coal. 

On a rumor that the country had been bought, fifty persons started to 
locate town-lots, in what they claim will be the great smelting and refin¬ 
ing centre of the mining region. 

This region is the greatest aggregation of high mountain peaks and 
ranges in the country, and, after visiting it, all other mountain scenery 
is completely dwarfed. 

Having gone as far as the Indians desired, and having ascertained, as 
far as we could, that very little, if any, farming country was in the land 
sold, we returned to the agency. After hearing the report of the Chiefs, 
the remainder of the Indians at the agency all signed the articles of con¬ 
vention and a copy was sent to the White Eiver, Denver, Cimmaron, and 
Tierra Maria agencies to be signed by all the Indians at those places* 
But one Indian, the Weeminuclie, before alluded to, opposed the sale and 
refused to sign the articles of convention. Subsequently, he desired to 
sign it, but the band to which he belonged would not permit him to do 
so. 

The country ceded contains about four million acres, and is unques¬ 
tionably rich in mineral deposits. 

On the conclusion of the present successful negotiation, the commis¬ 
sion authorized Ouray and a delegation of his people to carry the articles 
of convention to the Great Father, at Washington. 

The southern portion of the reservation, which is well watered and fer¬ 
tile, was retained more particularly as a reservation for the Weeminuclie, 
Capote, and Muache Indians, with the view of having an agency located 
there for them, and in the expectation of having them settle upon it at an 
early day. Their present temporary agencies in Sew Mexico being equally 
disadvantageous to the Indians and the Government. 

Some of these Indians being averse to leaving their present place of 
living, permission was given each band to send a delegation to Wash¬ 
ington to present the matter to the Commissioner of Indian Affairs. 

At the council with the Utes, representatives of two branches of the 


24 


Apaches, living and intermarried with the Utes, presented their case to 
the commission, and it was deemed expedient to permit them to accom¬ 
pany their friends to Washington. They have been ordered to join other 
branches of the Apaches, which they are averse to doing. 

The following letter of General Alexander, commandant at Fort Gar¬ 
land, who is conversant with the facts, fully states the case, and is cor¬ 
roborated by the statements of the Indians : 

Fort Garland, Colorado, September 5, 1872. 

Sir: In compliance with your request, I have the honor to furnish you 
with the following memoranda: 

Wherro-Mondo, chief of one band of the Jicarilla Apaches, wants 
the Government to set apart a reservation in Northwestern New Mexico, 
on a stream called the Rio Pusoco, for himself and his band, consisting 
of one hundred lodges, or about six hundred souls, in order that they 
may settle there permanently and till the soil. This tract is not occu¬ 
pied by any one else, and is contiguous to the present Ute reservation. 
Wherro is an uncle of,Ouray, the principal chief of the Utes, and his 
band are intermarried with the Utes, and have many of their habits and 
customs. They therefore desire to live within visiting-distance of the 
Utes. Wherro has always been perfectly peaceable, and has always, 
with a few of his people, cultivated little farms. They also are expert 
in the manufacture of earthenware, and get what necessaries they want 
by the sale of their articles to the Mexicans. They have never had any 
annuities from the Government. Wherro says that all his band are 
anxious to give up their roving life and settle down to agriculture. 
Wherro also suggests that the reservation be made large enough to 
accommodate the band of Jicarilla Apaches, now living with the Muache 
Utes at the Cimarron, whenever they choose to change their mode of 
life. These Jicarilla Apaches should not be confounded with the Southern 
Apaches, as their habits and mode of life are entirelv different. The 
former have property, horses, mules, lodges, blankets, sheep, &c., while 
the latter have nothing, living upon grass-seed, wild fruits, and hunt¬ 
ing. I am informed that the Jicarilla Apaches at the Cimarron are 
ordered to be sent to the Apache reservation at Fort Stanton. I think 
this would be a great mistake, as they are really not the same people as 
the Coyotero and other bands of Apaches on that reservation. 

It appears to me that forming this settlement of industrious Indians, 
so closely connected with the Utes, in their immediate vicinity, would 
gradually induce them to adopt these peaceful occupations in prefer¬ 
ence to their present nomadic life, particularly as game gets scarce. It 
is the first instance in my knowledge of wild Indians in a state of peace 
asking such a favor of the Government, and it is certainly encouraging 
in view of a peaceful solution of this question. 

I have made these statements as brief as possible. Should you desire 
more particular information, I will be glad to furnish any in my power. 

I am, sir., very respectfully, your obedient servant, 

A. J. ALEXANDER, 

Major and Bvt. Brig. General TJ. S. A. 

Hon. Felix R. Brunot, 

Chairman of the Board of Indian Commissioners. 

Respectfully submitted. 

THOMAS K. CREE, 

Secretary. 

Hon. Felix R. Brunot, 

Chairman Special TJte Commission. 


25 


Minutes of the Council held with the TJte Indians , at Los Pinos Agency , 
Colorado , September G-12, 1873. 

The special commissioner, under appointment by the honorable Sec¬ 
retary of the Interior, to negotiate with the Ute Indians, in accordance 
with the act of Congress approved April 23, 1872, accompanied by 
Thomas K. Cree, as secretary of the commission, and Dr. James Phillips, 
as Spanish interpreter, arrived at Los Pinos agency Sept. 5, 1873. 

On Saturday, September G, Mr. Brunot had a conversation with Ouray 
in regard to the time for holding the council. It was decided to meet 
at 2 p. m. the same afternoon. He explained the reason for his delay 
in arriving at the agency, it having been understood that the council 
would be held about the middle of August, at which time the Indians 
had gathered at the agency. He then told Ouray of the effort he had 
been making to secure the return of Ouray’s son, and read the letter of 
Superintendent Hoag, stating that Agent Miles had gone to the Ara¬ 
pahoe camp the 18tli of August to get the boy, and word was expected 
from him every day in regard to him. He told him that he had waited 
at Colorado Springs four days, expecting to hear that the boy had ar¬ 
rived at the railroad, in which case he would have waited for him and 
brought him along; that he had left word at the station that if the 
agent arrived there with the boy, he should bring him right over, and he 
hoped he would be here in a few days. But if the boy would not come 
with the agent, then we would stap as we went back, and see him, and 
that Ouray should also go with us if he wished. 

Ouray then detailed the particulars of the boy’s capture, the facts in 
the main corresponding with the information gotten by Agent Daniels 
from the Arapahoe chief, Friday, and establishing the fact that the Ute 
boy called Friday, now with the Southern Arapahoes, and whom he had 
endeavored to bring with him, was the son of Ouray. 

First day. 

September G, 1873. 

Council convened at 2 p. m. 

There were present Hon. Felix R. Brunot, commissioner to negotiate 
with the Utes, and Thomas K. Cree, secretary. Dr. James Phillips, of 
Washington, as Spanish interpreter on the part of the commission, 
aud John Lawrence aud James Fullerton, as Spanish interpreters on 
the part of the Indians, and Ouray, the chief, as Ute interpreter, and 
Charles Adams, agent at Los Pinos, and Thomas Dolan, sub-agent at 
Tierra Maria, and the following Indian chiefs : 

Tabequaches. —Ouray, Lovo, Sapiovaneri, Coclio, Chavanaux, Guero, 
Colorado, Tosah, Chaves. 

Muaciies. —Ancatosli, Samora, Curecante, Aiguillar, Josd Maria, 
Mautchick. 

Capotes. —Pesinte, Aigua, Chinne, Kanea, Chavis, Tapoat, (son of 
Sobeta,) Coronea, Topaatz, Acumpaziali. 

Weeminuches. —Purasitz, Venao, Prazit, Pa-si-ut, Panadnip, Ter- 
reapton. 

Denver. —Yanko. 

Apaches. —Guero Modo, Aijove. 

The White River band had been represented by Douglas, Sac-wioeh 
TJugachief, Laritz, Ancatoras, but prior to the council the delegation 
returned to their agency, leaving one of then- number to represent them. 

In opening the council, Mr. Brunot said: 


26 


Whenever we hold a council with the Indians, we know the Great 
Spirit sees us and knows our hearts, and we want to ask him to make 
our hearts all right, and direct us in this council. We usually do so 
when we hold a great council among the whites. I want you all to stand 
up while I talk to the Great Spirit. 

Mr. Brunot then led in prayer, all reverently standing. Ouray in¬ 
terpreted the substance of the prayer to his people. 

Mr. Brunot then said : 

When I came last year to see the TJtes, there was a commission 
herefrom the President to talk to you about some business. You were 
very busy with that commission and had a long talk with them. You 
did not agree with the commission. I did not then come to talk about the 
business of the commission, but came from the President to talk about 
some other matters. You did not know I was coming, and did not 
understand my business, so I thought it best not to hold a council and 
talk with you about the business on which I had come. After the coun¬ 
cil I had a little talk with Ouray, and I told him one thing that I wanted— 
that the President had been told the Utes had killed a man. I said I 
did not think the Utes, who were the friends of the whites, had done it, 
and I wanted Ouray to find out who it was. Ouray did find out, and 
sent me word who it was. He saijd the Utes were all opposed to the 
men who committed the crime. 1 was glad to find the Utes were always 
to be the friends of the whites, and were to be depended on. I told the 
President that no one must feel bad* because the Utes did not agree 
with the commission, and I thought the President ought to send away 
from the reservation the whites who were upon it, and the President 
made an order to send the miners off the reservation. After the order 
was issued, the President heard that the Utes were willing to sell the 
part of the reservation on which the miners were. He thought if he 
sent the soldiers and put the miners off the reservation, it might make 
trouble between them and the Utes; and if the Utes wanted to sell that 
piece of country on which the miners were, it was better to hear what 
the Utes had to say before driving the miners off. If the Utes wanted 
to sell that place, it was of no use to make trouble between them and 
the miners. The Secretary of the Interior has sent me the following 
letter. It is the same as if the President had written it: 

Department of the Interior, 

Washington , July 14, 1873. 

Dear Sir : During your negotiations with the Utes for the relinquish¬ 
ment of a portion of their reservation, I have the honor to request that 
you explain to them fully the reasons which induced the Government to 
suspend its order issued last spring for the expulsion of white settlers 
now within their reservation. The order for this expulsion was issued 
at the instance of this Department, and would have been executed at 
once but for the following circumstances: The President was informed 
that their chief, Ouray, had expressed a willingness to negotiate for the 
sale of a portion of the reservation, and he deemed it best to await the 
result of the council in regard to such negotiation, because if the Utes 
shall conclude to sella portion of their reservation, it would be a need¬ 
less hardship to drive out the whites, who would at once desire to return 
to their former occupations. To drive them out thus, would needlessly 
increase their enmity to the Utes. The President, therefore, in sus¬ 
pending the order, had the welfare and best interests of the Utes before 
him, as well as that of the settlers. The suspension of the order of removal 
only awaits the result of the negotiations, and should they fail, I have 


27 

no doubt the President will renew the order for the removal of the 
whites. 

With my congratulations to Ouray and other chiefs of the Utes, and 
with the hope that your negotiations may result favorably and be pro¬ 
ductive of peace and the prosperity of the Utes, as well as of the white 
citizens, I have the honor to be, with great respect, 

Your obedient servant, 

C. DELANO, 
Secretary of the Interior. 

Honorable Felix R. Brunot , President of the Special Commission 
to negotiate with the Utes of Colorado , &c. 

He sent and asked me come and see the Utes and talk with you. He 
asked me because he knew I did not w r ant your land for myself, and that 
I was a friend of the Indians, and he thought you knew that I was 
your friend. I said to him I would come and see Ouray and the Utes, 
and talk to them about what I thought was for their good. Then he 
sent word to Ouray and the agents that I would come. He sent this 
letter to me ordering me to come. 

The letter of the honorable Commissioner of Indian Affairs was then 
read to them. 

Now, I have come to talk to you about that business. I want to tell 
you, as your friend, that I think you are wise, because you have thought 
about the matter since last summer. It is not for me to tell you what 
to do, but for you to say what you would like to do about this matter. 
You see the condition of affairs just as well as I do. You have many 
wise men among you, and you have a wise chief. You know a wise 
man looks ahead and knows the future. It is much better sometimes to 
do what does not please us just now, if we think it will be best for our 
children. I think that is what you have been thinking, about, and that 
is why you sent word you would like me to come and see you. Before I 
say anything more on the subject, I waut to hear from the Utes. 

Chavanaux. Those lines the surveyors are runniug on the reserva¬ 
tion are not according to the treaty. The mountains were the boundary 
of our reservation, (on the east,) and we want to know what treaty has 
been made that gave them the privilege of coming in and running 
theselines in our lands. 

Mr. Brunot. So you want me to tell you about it. 

Chavanaux. We would like to know. 

Mr. Brunot. The treaty tells the lines of the reservation. I had 
nothiug to do with making the treaty. The way the whites have of tell- 
ling lines by the compass, you cannot understand, and when the treaty 
was made the lines were named, but it was not put on the land ; when 
they came to locate the agency they thought it was on the reservation. 

Ouray. It was on the Reservation. I was interpreter and knew 
what the boundary lines were. 

Mr. Brunot. The lines they are running is only to see whether the 
lines are where you thought they were or not. I do not know anything 
about these surveyors. 

Ouray. They are measuring, and whenever they find a mine, they take 
a little piece more of our country. They are running new lines all the 
time. 

Mr. Brunot. Iam sorry to hear it, and if I make any agreement I 
want the lines to be well understood. I think the people of the Terri¬ 
tory are running some of these lines, and if they are not right; the Pres¬ 
ident will not have them for the lines. 


28 


Ouray. The line they have run they say is twelve miles west from 
here, and it is not right. The line is not correct as they make it. 

Mr. Brunot. I have nothing to do with these men, and I am sorry 
they are here. 

Ohavanaux. How is it you do not know about this? 

Mr. Brunot. I left Washington more than three months ago, and have 
not heard much from there since. I do not think this survey came from 
Washington, I think it came from Denver. When I go to Washington 
I will find out all about it, and I will tell the President what the Utes 
say. Mr. Adams tells me they did not make any lines ; they only 
made observations, and when the line is run it may be very different. 

Ouray. If they made observations the line will probably be where 
they say. I interpreted it to the Utes when the treaty was made, that 
the line would be from the Rio Grande to the head of the mountain. 
We understood it so until the present time. The rivers that run to the 
east from the mountain-range we understood were off the reservation ; 
those that run west were on it. In regard to Washington Gulch and 
others, where they are mining, they are on the reservation as we under¬ 
stand it. The miners have come in and have not been disturbed by the 
Utes. The mines in the mountains are very important •, they are sur¬ 
rounded by the Utes, and the miners will gradually settle down upon 
the Ute lands in the valley. 

Mr. Brunot. Do the mines extend on both sides of the mountains? 

Ouray. All the rivers have very fine farming-lands along them, on 
the Rio Platte and Animas, and San Miguel Rivers. The Indians 
farm and have crops now and ; on all the rivers that come out on this 
side of the mountains the Utes farm ; they have corn there that is r^e 
now. 

Mr. Brunot. I see the difficulty about the matter. I saw it before 
I came here, and I saw it last summer—the difficulty of separating the 
mineral from the farming laud. I see the difficulty as well as you do, 
and I feel the importance of it more than you do. The reason is, I see 
the time will come when the Utes will have to raise herds of horses and 
cattle, and will have to farm, and do just as the whites do. It may be.a 
good while and it may not be so long—we cannot tell—but when the 
time comes to raise crops and cattle, you can*>nly use a certain amount 
of the land. If you were to say to me to-day that you would sell all the 
land that was good for farming, I would say it was not right, you ought 
not to do it; but if, in order to get a line that takes in the mountains, 
you have to put in a piece that has some good farming-lands on it, if 
enough is left for you, I would think it was good. If I had been all 
through your country as you have, I would know what was a good line, 
but as I have not, I do not know exactly about the lines. I want you to 
say what would be a good line; if you do not know just at once, you 
can think about it. There may be some land across the line that you 
do not want to sell, but to keep that might spoil all, and it might 
be better to let it go. Sometimes, in order to do a great thing that we 
want to do, it. is necessary to do a little thing we do not want to do. It 
is for you to decide. In order to sell a piece of your land to the Gov¬ 
ernment that you want to sell, it may be necessary to sell a little piece 
you would rather keep ; that is for you to think about. 

Ouray. What have you to say in regard to the Apaches ? Some of 
their chiefs are present, and want to hear what you have to say to them. 
The governor wants to take them down south with the Mescalero 
Apacnes;. they do not want to go. This one spoke last year. 

Guero Mudq, (Apache.) Some years ago some of the governors 


29 


of New Mexico gave us a reservation on Muddy Eiver, about Abiqui. 
We want to keep it, and not go down with the Jicarilla Apaches. We 
want the land that was given us. We know how to farm, and only want 
land to farm on. We do not ask for anything else. After the land was 
given to us, some Mexicans came and took the land. We told them 
that was our land, but they said they would keep it, and they did. 

Mr. Brunot. An inspector has gone down there, and I think he will 
inquire about your lands, and when I go to Washington I will hear about 
it. I have no- instructions about it. 

Guero Mudo. We wanted you to know what we had to say and 
to inquire into it. 

Mr. Brunot. I am glad to hear your words; they are all put dowD, 
and I will inquire into it, and it will be attended to. 

Guero Mudo. We only ask for our land. We can work. We are 
not friends of those Apaches in the south. We do not like any people 
that fight, and do not want to go with them. 

Mr. Brunot. Would you like to come with the Utes, and would the 
Utes like the Apaches to come? 

Guero Mudo. We like to visit the Utes, but would rather stay 
where we are. We spoke to Governor McCook about it last year, and 
lie said he would tell the President about it. He probably never told the 
President what we said about the matter. It was wrong if Governor 
McCook did not tell it. And we want you to promise us you will tell 
it, and to give me a promise in writing that I may show when I go back 
to my people. 

Mr. Brunot. If I tell a man I will do a thing, and he does not 
believe it, I do not care; when I say it, it is the same as if I wrote it. 

Guero Mudo. In regard to the agents in New Mexico, they have 
no power; they are changing all the time, and the agents are of little 
account, and 1 want your letter to show the people that I am trying to 
do something. 

Mr. Brunot. You will hear about it from Washington. 

Ouray. The other one is aa Apache of another band from Cimmaron ; 
he wants to know what the Government intends to do about them. 

Mr. Brunot. The inspector that went down a few days ago will re¬ 
port in Washington, and I will not know till I get there. We will send 
a letter from Washington^ Guero Mudo. 

Guero Mudo. Are you certain a letter will come; will they not 
steal it on* the road ? 

Mr. Brunot. 1 do not know; may be they will. 

Guero Mudo. It may be like some things that are sent to Ouray; 
lie never gets them. It might be so with my letter, it might never get 
to me. 

Mr. Brunot. If I had come to the Utes in the old way, wanting to 
get your lands, I would have had a lot of people all about talking in 
your ears. Maybe I would have had a man give one a horse, another a 
gun, to get them to talk the way I wanted. Sometimes treaties are 
made that way; when they want you to do what is good for the white 
man, but bad for the Indian, that is the way they come. I do not come 
that way. I tell you I am your friend, and if I could help it I would 
not have the Government do anything that was not good for you. 
When I talk to the white men or the red men, I want to talk in such 
a way that I will never be ashamed to meet them. Whatever Isay the 
“ Great Spirit” hears, and if it is not right I will be punished hereafter 
for it. I have said this because I want you to understand that I come 
as your friend, and I want you to do what I think is for your good, and 






30 


■want yon to tell me just what you think about it, and we will try and 
fix it up in a way that will be good for all. In this way I think we will 
come to an agreement that will be good for all. I was to see another 
tribe of Indians this summer, and I saw that white men had gone upon 
their lands, and had found mines and were mining on their land, and 
other men were camped ready to go on. If I had been strong enough 
I would have been willing to drive them all into the river, for they had 
no business there ; but 1 saw so many wanted to go upon the land, that 
if the President was to send the soldiers and drive them off, some of 
them would do things against the Indians and bring on a war with 
them. I saw bad men were there who would do that, and what would 
have been the consequence? I saw some of those men were bad men, 
and would bring on this trouble to get back upon the Indian’s land. I 
knew if they did this, the consequence would be that tribe of Indians 
would be driven on the bad lands above the Missouri Hiver. and they 
would not get anything for their good land. The war would be made 
an excuse to get the land for nothing. I was sure it was good fur those 
Indians before any trouble came to get paid for their land, so I told 
them the President knew these people were there taking their minerals, 
and he was willing to pay them for their land, and as their friend I told 
them to take pay for it, keeping enough to live upon. At first they did 
not like to sell their land, and see the whites go on it; they said they 
and their children were born there, and they did not want to leave it. 
I thought I would feel the same way, but I knew it was better to let 
that piece of land go and get paid for it, than to have trouble come and 
get nothing for it. They thought about it some time, and saw it was 
best, and they agreed to sell it and take a large sum of money, the in¬ 
terest to be used for their benefit forever, and they still have enough of 
land to live on and hunt on. 

Ouray. I do not like the interest part of that agreement. I would 
rather have the money in a bank. 

Mr. Brunot. About thirty years ago the Cherokees sold their land and 
came west of the Mississippi, and the Government agreed to make a note 
and give them the interest every year, and now they have, the interest paid 
them every year. With part of the interest they keep up their schools 
and their government. The same was done witl^ some other Indians near; y 
a hundred years ago, and they get money every .year for the interest. A 
nation might lose its lands, but if the Government promised to pay them 
interest, they would always get it. These Indians I made the agreement 
with have plenty of land for themselves and their children, and, besides, 
the interest every year will be paid them in things they need. Your 
case is a little like that. It may be there are none of those bad men 
upon your land who would make trouble; you know better than I do 
about that. Still, it looks to me as if the very best thing that can 
be done if you can spare these mountains is to sell them, and to have 
something coming in every year. If you do not think so now, some day 
you will remember what I told you about it, and I think you wiil 
make up your minds some day, whether you sell it or not, that what I 
told you was right. Last summer the commission asked me to say 
something. I told you I did not come about their business, but as they 
asked me if I would say something, 1 said then just what I thought, 
just as I am saying now. I did not go round about it at all. I said 
just what I thought. Perhaps you did not understand me at that time. 

Ouray. We understood you then, and we understand you now. 

Mr. Brunot. I was told I had offended you because i talked so plain. 
You must not be offended at plain talk, for I say what 1 mean. 


Ouray. There are many that understand what you say, and we are 
not offended atjdain talk. 

Mr. Brunot. If you have anythin" to say, I will hear you now, or 
we can meet Monday morning at 10 o’clock. 

Chavanaux. All you say about what you done with the other In¬ 
dians is all right. When I was in Washington the treaty put the line on 
the top of the mountains and not where the line is put now. The Presi¬ 
dent heard it, and knows where it was. That is what I cannot under¬ 
stand—why the line is put where they now say it is. That is why it is 
hard to make this contract; the lines have been changed and it is bad 
faith on the part of the Government. 

Ouray. All the Utes understand the lines, and it is as we say. The 
lines in regard to the mines do not amount to anything; it is changing 
them all the time—taking a little now and a little again—that makes 
trouble. You said you do not know anything in regard to these lines 
and it may be the same in regard to lines you make. There are many 
men talk about it to us; they say they are going to have the lines 
as they want, whether the Utes like it or not. It is common talk; 
everybody tells it to the Utes. The miners care very little about the 
Government, and do not obey the laws. They say they do not care 
about the Government. It is a long way off in the States, and they 
say the man who comes to make.the treaty will go off to the States, 
and it will all be as they want it. With you it is different ; you talk in 
the name of the Great Spirit; we understand that, and think it right and 
ought to have great weight. Some people do not work on one side or 
the other, but so they can till their pockets with money, it does not make 
any difference what they say. If I could talk just as I see lit, it might 
be different, but I talk for the Indians as you do for the commission. I 
must talk for both sides, (as interpreter,) and give the matter considera¬ 
tion. We are not prepared to talk now, but day after to morrow you will 
hear from us. 


Second day. — Monday, September 8, 1873. 

Council convened at 12 o’clock. Opened with prayer by Mr. Brunot. 

Mr. Brunot said: I do not think I need say the same things over that 
I said Saturday. I think you all remember them. But there are 
other things I ought to say, so that some of the Indians from New 
Mexico wilT learn how they are situated. You see everywhere how the 
whites are spreading over the country. In New Mexico there are get¬ 
ting to be many Americans and Mexicans where the Indians live. Some 
people down there want the Indians to stay atTierra Maria and Cimma- 
ron, but many want them to go away. Perhaps there are some people 
there w ho sell things to the Government for the Indians, and some who 
trade with the Indians and make money out of them. That kind of 
people who make money out of the Indians want them to stay there. 
I do not know but the Indians know about it, but I know there are 
many people coming in, and many more wishing to come. They think 
the land belongs to the whites; every where the whites are taking up the 
good land there. There are so many there now that there is not much 
land left for the Indians, and it is getting worse and worse ail the time, 
and soon all the land will be taken up, and there will be none left for 
the Indians to live upon. The President knows all this, and that is why 
he wants the Utes from New Mexico to come upon their reservation, 
where there is a good place for them to stay. I want the Utes from 



32 


New Mexico to understand tins. Very soon the President will have to 
make an order to put them on some place for themselves, and there is 
no good place there now that the whites do not claim. I want to tell 
them this as their friend—that they ought to join with the other Utes, and 
select some place on the reservation as their home. Perhaps they do 
not like to hear this. I do not like to say anything to any of the Indians 
that is disagreeable for them to hear. It makes my heart feel sorry to 
say anything that they do not wish to hear, but the Great Spirit tells me I 
must always speak the truth when I am talking to the Utes, or the 
whites, or anybody; whether they like it or not, I must speak the truth. 
Sometimes when a man hears anything he does not like, lie thinks about 
it, and, if it is true, after a while lie comes to like it. That is the way I 
think it will be with the Utes from New Mexico. They will think about 
it and find it is good, and I hope they will take my advice. We have 
met here to-day to settle up the matter we talked about Saturday, in 
regard to these mountains. Let us talk about that and nothing else 
till it is settled. 

Ouray. It is better to settle in regard to moving the Muaches. They 
do not want to leave where they are in New Mexico. 

Mr. Brunot. I have told them what comes to me from Washington, 
and I have told them what I think would be good for them; that it 
would be good for them to have a place for themselves on the lower part 
of the reservation, where they would be away from the whites and have 
a place for themselves. If they pick out a good place where they can 
raise com and where they would like to live, I will ask the President 
to give them an agency there. I think the President will do it. I think 
the best way would be, if we make a bargain with all the Utes in re¬ 
gard to the mountains, that we put in the same paper that the Southern 
Utes, the Capotes, Muaches, and Weeminuches shall have an agency on 
the reservation there. I think it would be good to put in the paper that 
there shall be an agency on the lower part of the reservation, another 
one here or on the Gunnison, or the Uncompagre, or where the Indians 
say, not on the Uncompagre, or the Gunnison if the Indians do not want 
it, but where they want it. 

Ouray. There is no difficulty in regard to us; we want the agency 
below somewhere. Mr. Adams knows where, but the difficulty is with 
the Southern Utes. 

Mr. Brunot. I presume the Southern Utes want to be on the lower 
part of the reservation. I have told them what I thiuk would be good 
for them. I know it is good for them, and I want them to have a home 
where they cannot be disturbed. If they would rather come here, it is 
good, but if they would rather have an agency in the southern part of 
the reservation, I think the President would establish one there for 
them. It is very important for them to make up their minds in regard 
to it, and I want them to have a place which they can always have for 
their children and their children’s children. They know, themselves, 
that where they are now the whites claim and say it is their land, and 
after a little while there will be so many whites there that they cannot 
stay. I think they know very well that when a man sees the storm 
coming, it is bef ter to get fixed ready for it, and the sooner he gets pro¬ 
tected against it the better. So, now, when there is a good chance to 
get a good home it is better to settle it. I think I have said all I need 
say about it. You have sense, and know what is best. One thing more 
I forgot; perhaps the Utes from New Mexico think if they come on the 
reservation that they cannot hunt the buffalo; that is a mistake. I 
think the President will let them go to hunt the buffalo while they* be¬ 
have themselves, and while there are buffalo to hunt. 


0 XTiXECANTE. We want our agency on the Dry Cimarron. 

Ouray. The. southern Indians say there are but few whites about 
the Dry Cimarron, and for a little while their agency should be located 
there, and when the whites get settled about them, then they will come 
upon the reservation. You heard them talk last year, and they say the 
same now. Part of the Cimarron is bought; they don’t want to stay on 
it, but further off. 

Mr. Brunot. I do not think the President will allow them to stay in 
New Mexico long. All the time, when there are white people about, 
when anything bad is done, whether it is done by whites or Indians, 
the Indians are blamed with it. {Suppose there are some farmers living 
about where the Indians are. Suppose they are good men, and a bad white 
man comes along, and takes some horses and gets off with them; if no¬ 
body sees him, then the people all think the Indians took them. Sup¬ 
pose a Mexican does something bad, the whites think it is the Indians. 
If a Cheyenne or Arapahoe comes and takes stock, the whites think it 
is the Indians who live near them. That is why, when Indians and 
whites live together, there is trouble among them. The President 
knows that the Utes are the white man’s friends, and he is the friend of 
the Utes, and he wants to have the Utes so situated that these troubles 
will not come. With some Indians, when the President thinks it is 
best for them to do anything he wishes, he sends his soldiers and makes 
them do it, but with some Indians, instead of sending the soldiers to 
make them do it, he sends some one whom he knows is their friend, to 
tell them what he wants, and so he has sent me to tell the lltes what is 
best for them, and what he wants them to do. I have told the New 
Mexican Utes what 1 am sure would be good for them, and I think it 
would be good to put it in the paper, if we make a paper, about the 
mountains. But if they think they know better, and do not want to put 
it in the paper, I think they had better pick one or two good men, and 
let them go with Ouray to Washington, and tell the President what they 
think about it; but that need not interfere with the bargain about these 
mountains, and this matter about the mountains had better be settled 
now. 

Jos6 Maria. I think, as Curecante said, our agency had better be on 
the Dry Cimmaron. 

Mr. Brijnot. I want to remind the New Mexico Utes of the treaty of 
1808. I had nothing to do with making it, but it is put into my hands 
with the names of the Indians signed to it. The third article in it says— 

Ouray. I understand it, but they are cutting off our lines, and they 
are not according to our agreement. 

Mr. Brunot. Do the New Mexican Utes understand what I say? 
I want them to see their treaty. It was made in 1808, live years ago, and 
according to this, the Utes in New Mexico agreed to give up all claim to 
any land outside of the reservation. What I want them to know is, that 
all these live years the President has been kind in permitting them to 
stay just where they wanted to, and it seems to me the President has 
been kind in not making them do what the treaty says. That is the 
way it looks to a friend who did not make the treaty; and now, when 
the President thinks it is good for them to come on the reservation, 
they ought to listen to him. The names that are signed to the treaty 
1 will get Mr. Adams to read, so that we will know what chiefs signed 
the treaty. Do you wish to hear them i 

[A protracted discussion followed; those who signed the treaty 
objected to the reading of their names; Ouray insisting on having the 
names read; the Southern Utes specially objecting, the Tabequaches 

3 u 


34 


taking the part of Ouray; the southern Indians saying the treaty was a 
bad paper for them, and wanting to throw it out and make a new one.] 

Mr. Brunot. You men are al! brothers. You belong to the same 
people. What is good for one is good for all. You should all try and 
help each other, and when a friend talks to you about what be thinks 
is good for all of you, you should all listen and all think about it, and 
see what is best for all. There may be some things that some of you do 
not like, but then if it is good for all the rest, they ought to give it up 
for the general good. Perhaps there is something I think is not good 
for me, but if it is good for everybody else, I submit to it. 1 know I 
cannot have everything my way, if everybody else thinks differently. 
So it is all over the world; each must give up a little for what is good 
for all. Sometimes, when men are all trying to come to one mind, it is 
difficult, and takes a little time, but if they try to agree, and when they 
see what is good for the greatest numbers, then they agree to it. Now, 
we have talked about this treaty. I told you the President was 
kind in permitting a portion of the Utes to do what they had 
agreed not to do. They agreed to come on the reservation, arid 
he permitted them to remain in New Mexico. Perhaps some of the 
Utes did not like that treaty, but if the chiefs agreed to it and signed 
their names to it, they ought to submit to it. I want to know which 
of the chiefs signed that paper ; it does not make much difference now, 
because the paper is all there ; but I want to know the names, and am 
going to have them read, and if we make another paper, it will have 
some things in it I will want everbody to understand; and if we make 
it, we will have the chiefs and every body else sign it, and that is why I 
want all the bands to agree to do the same thing. 

Mr. Adams then read all the names signed to the treaty. 

Mr. Brunot. Before the treaty of 1868 was made, in 1863, five years 
before, there was another treaty with the Tabequaches. That, treaty 
said there was to be money given for ten years; that ten years is done 
this year; this is the last year for paying the money that was in that 
treaty; but the money and goods promised in this treaty (1868) is for 
twenty-five years more. Because the first treaty runs out with this 
year is another good reason why I think it is good for the Utes to 
sell the mountains and have something come to them for them. The 
New Mexican Utes do not come much into these mountains and do 
not care much about them; the other Utes that live up here care 
much about them; but I think if both kinds of Utes do what is good 
for all, they will agree to sell the mountains, and the New Mexican 
Utes and those that live here will all get the benefit, and that is the 
most important matter for you to think about now. You know that it 
makes no difference to me about these mountains. I do not want any¬ 
thing that is in them; I have all I want a long way off. It is not for 
me or any white friends of mine that I am talking to you about this mat¬ 
ter. It is because I know it is good for the Utes to do this; and that it 
will be good for your children after you, and now is the best time for 
you to do it. Suppose we talk about little things instead of this great 
matter, until the time is passed and I have to go away; and then, if 
trouble comes between the Utes and the miners, if it begins before the 
year ends, what will happen—where will it end ? It will be too late then 
to settle it so that the Utes and their children will have goods and such 
things as they need come from it forever. There are many whites in 
this country with whom I have talked who are friends of the Utes; they 
tell me they like the Utes; but there are bad people who have no inter¬ 
est in the country, who try to make trouble with them. I know what 





35 


those bad people think about it. If they could get trouble up with the 
Utes, and soldiers had to be sent in to settle the trouble, the Utes would 
be killed, and they could then get both the mountains and the farms 
that belong to you. That is what bad people think; perhaps it may be 
so, perhaps not; but what is the use of taking any chances like those, 
when, if you sell the mountains, you can have something for yourselves 
and your children for all time. This treaty gives the Utes $30,000 per 
year for twenty-five years longer. Now, in twenty-five years, perhaps 
Ouray, Curecante, and the older chiefs may be dead and gone. 1 may 
be dead and gone, but still some of these young men and the children 
will be living, and some of them will have little children; but when the 
twenty-five years have passed the money will be gone, and they will 
have none. Suppose we let that treaty stand just as it is for twenty-five 
years, and you agree to sell a piece of this reservation, taking in all 
these mountains where the miners are going, and the President agrees 
to pay tor that land $25,000 every year; not for ten years or twenty-five 
years only, but forever, as long as the country lasts, so that your chil¬ 
dren and all the Utes that come after them, will have something after 
this treaty is ended, and forever after. It would begin after the treaty 
was approved by Congress, and would go on forever. I want to know 
if there is a single Ute here who does not know in his heart that 
it would be good for you; I am sure it would ; I know that would 
be good for the Utes. If I did not think it would be good for you, 
I would not be here to talk about it. 1 do not want you to sell the 
lands at the lower part of the reservation, the farming lands. I 
want you to keep those lands, so that the Indians who like to be in a 
warm country in the south, can have a good place. I do not want you 
to sell the good lands on the Gunnison; I want those who live there to 
have a good place. 1 do not want you to sell the farming-land in the 
Uncompagre Park. I want the Indians who go there to have a good 
place. But what I think it is good for you to sell, is the land that lies 
between the good land on the south and the Uncompagre Park. If you 
are afraid some day somebody might say you have no right to go 
through their land, you can keep a strip of say ten miles wide on the 
west side, leading from one part to the other, or may be twenty miles. 
I think you understand what I think is good for you; but I know I 
am not telling you what many white people want me to tell you. Many 
white people would want me to say to you, you ought to sell the good 
farming-lands on the south, and some would want me to ask you to sell 
the Gunnison, and some would want-me to ask you to sell the Uncom¬ 
pagre. I would not ask you to do any of these things, because I know 
a time will come when tiie Utes will want land to raise stock, as the 
white people do, and you must have that country for it. But I do ad¬ 
vise you to sell the mountain country; it will be better for you to do so, 
and you will never be sorry for it. 

Curicante. It would be well for us to have our agency on the Dry 
Cimmaron. I am talking for the southern Indians, and I a cau talk to the 
President about it. Wliat wrong can we do, or what wrong have we 
done, that we should not stay there ? 

Mr. Brunot. You must understand that I want to do what is good 
for the Utes, and if I make any agreement I want it also to be one that 
Congress will agree to. Suppose I was to put into the agreement what 
Curicante wants, and some little thing somebody else wants. 1 could 
put it in—it would not make any difference to me; but Congress would 
not agree to it, and the agreement would be at an end. For this reason 
I must make an agreement as good as I can for the Utes, but it must be 


36 


one that I think Congress will approve. When I know myself that the 
Government at Washington wants the Indians to leave a place in which 
they want to stay, if I put it in a paper that they were to stay, Congress 
might not agree "to it. But this I can agree to, and I think it will suit 
Curicante, the New Mexico Utes, and all the Utes: if we make a bar¬ 
gain for the mountain country, I will agree to say in the paper the South¬ 
ern Utes shall have an agency on the southern part of the reservation as 
soon as the President shall say for them to go there. Then, if we make 
that agreement, Curicante can go with Ouray to see the President. He 
can ask the President to let them stay in New Mexico a little longer, 
and the President can do as he wants about it. 

Samora. In the Cimraarou there are but few settlers, audit is not ne¬ 
cessary to have a contract to permit us to stay there, but only permis¬ 
sion to remain there while it is sparsely settled. 

Mr. Brunot. What Samora says is very good; but if we put in the 
contract that when they come away from there they shall have an agen¬ 
cy on the reservation, it will be better. But we will say nothing about 
Cimmaron in the contract; but when you go to Washington and tell the 
President what you tell me, if lie says you can stay there a little while 
longer, it is all right. 

Ouray. I tell Curicante that you cannot make an agreement to give an 
agency at Cimmaron, for Congress might not approve of it; but if he 
thinks they ought to stay there, that he should go to Washington and 
tell this to the President, and he can let them stay if he wishes. 

Mr. Brunot. Yes, that is best; but it must not interfere with the 
bargain we make. Here is Mautchick; I would like to know what he 
thinks of it. Does he not think my plan is a good one? 

Ouray. They are talking about the business of the Muaches, and 
we tell Curicante that he had better go to Washington and have it at¬ 
tended to. 

Mr. Brunot. I suppose the Utes have been talking the matter over, 
the Muaches and all the rest. It is just the same as it is in Congress. 
When a matter comes up they talk about it. Each says what he thinks 
about it, and then they take a vote; and when they take a vote, per¬ 
haps it shows a great many agree to the proposition ; and if there are 
more in favor of it than are opposed to it, the smaller side gives it up, 
aud all agree to it, and it becomes a law; and even if some do not like 
it, they agree to it because the majority want it. That is the way it 
ought to be among the Utes. You all have the same interest; you are 
all brothers ; ten or a dozen ought not to stop what is good for all the 
rest. After it lias been talked over, all ought to agree to the same thing. 
I hope the Utes will come to the same mind, just as they do in Congress, 
and the few who do not like it will give up to the greater number; that 
is the sensible and true way to do. I think you all understand the 
matter. But you have not told me what is the opinion of the majority. 
I want to know what the large number think, as well as what the few 
think. 

Ouray. The business with the Muaches is what is stopping it. 

Mr. Brunot. I have told the Utes what I think is right about that, 
in order that the future may be taken care of, and that they may have 
an agency at a future time. I will put in the jiaper that they may have 
another agency on the lower portion of the reservation. I will not put 
it in the paper that that agency is to be made to-day, or next year; but 
I will say that the agency shall be made whenever the President thinks 
it best to put it there. The New Mexico Utes will send their men to 
Washington, and they will tell the President they want to stay a while 


37 


at Cimmaron. They will tell the President there are few whites there; 
that they are doing no harm, and would like to stay there a few years 
longer. If the President says they can stay there longer, it is all right. 
There will be nothing in the paper to interfere with it; but if he will 
not let them stay there, 1 cannot help it. I want to tell you now very 
seriously, if you go to Washington to ask the President to let you stay 
at the Cimmaron, and you say to him, u We prevented the Utes doing 
what is good for them,” he will say to you, u Go to the reservation, or I 
will send my soldiers, and make you go.” But look at the other side, 
and see how much better, if the New Mexico Utes join with the other 
Utes, and do what is good for all the tribe, and then go and tell the 
President, u We have done what is good for all the Utes, and we would 
like to stay in New Mexico for a while longer,” would he not be more 
likely to grant your request ? Everybody knows that would be the 
best way. Curicante knows that would be the best way. If we can all 
agree about this, that would be for the good of the whole Ute tribe. 
Then, whoever goes to Washington can say, u We are trying to do what 
the President wants; but we want to stay on the Cimmaron; there 
are but few whites there; but when the whites come there, then we 
will go to the reservation.” The President would be more likely to grant 
the request. I want to tell what happened to me before I came here. 
The President asked me to go and tell some of the Sioux Indians that 
they must move their agency. When I went there we had a council. 
I told them they ought to move their agency, because it was by the 
river, and bad whites brought whisky to them, and did them harm. 
The first thing they said was, “ If you give 11 s so many guns, and flour, 
and things the white men have, we will move the agency; but we will 
not do it without you do.” What did I say to them f I said the Presi¬ 
dent has plenty of guns; but they have bullets in them for those who 
do wrong. When the President and Congress want their white friends 
to do what is right, they tell them, and they do it, because Congress 
knows what is best for them ; and it is the same way with you. I said 
to the Sioux, u You pretend to be the friends of the President, and if 
you do not move the agency, he will send his soldiers and make you do 
it; and now the council is adjourned.” The next morning they came 
and said, “We will do what you say; we will move up there, and 
will trust to the President to do what is best for us.” And in two or 
three days they were moving, and they have gone now. It was very 
short work. But I do not come and talk that way to you. I do not say 
anything about guns and soldiers. I talk to you as one friend talks to 
another. I do not talk to you like I do to men who will not listen to 
reason. I know you listen, and 1 think you will decide it is all right. 
I talk to you as 1 would to my best white friends, because I know you 
are my friends; and all good white people know the Utes are their 
friends, and they want to do what is good for the Utes. I think you 
see what is the best. I think the Southern Utes will see it is best to 
settle this matter, and then go to the President and tell him about the 
Cimmaron, and may be he will do what they wish; and whatever a 
majority of the Utes agree upon, that will be right. If you want to 
talk about it among yourselves, talk ; if you want to talk to me about 
it, I will hear what you have to say ; but do not let this question about 
a few Utes staying a few years on the Cimmaron interfere with this 
question, that is for the good of all the Utes for all time. I would like 
every Ute man that wanted to do what was not bad to have his own 
way. 1 would be glad if I could do just what 1 wanted to all the time ; 
but I cannot. Often I have to give up what I think is best, on account 


38 


of the opinion of other people. So it is with every man, whether a 
white man or a red man. So it is with some of the men here. They 
do not like to give up their opinion; but they think it best to give up 
for the good of all. I have not yet found out what you all think ; per¬ 
haps I will find out that more of the Utes will say, as they did last 
year, “We do not want to sell this country.” May be not; but I want to 
know what a majority think about it. 

Ouray. This is what all say: Ouricante and all the camp will go to 
Cimmaron ; then they will go and see the President, and if the Presi¬ 
dent allows them to stay, then it is all right, aud if the President or¬ 
ders them to come to the reservation, it is all right. That is the opinion 
of all. 

Mr. Brunot. Do I understand that they drop the question, and after 
the council they will go and see the President, and do as he decides i 

Ouray. The Indians that belong there will go back, but Ouricante 
will go from here to Washington to see the President. 

Mr. Brunot. It is important that I understand it. I do not want to 
make a mistake. Shall I understand the New Mexico Utes agree 
to what the other Utes do, and then Ouricante and the others will go to 
see the President; or do they mean to go away and leave the matter of 
the land unsettled ? 

Ouray. Show us on the map where the mines are. 

(Mr. Brunot then showed them on the map the lines of the reserva¬ 
tion and the new lines he proposed to make.) 

Ouray. The southern line is not as we agreed to. We agree to let 
the mines go. 

Mr. Brunot. We had better say nothing about the southern line. 
That is one of the things you have to tell the President about. 

Ouray. The New Mexico Indians claim the part in New Mexico—all 
below the river San Juan. 

Mr. Brunot. I propose to leave fifteen or twenty miles above the 
Colorado line, so there will still be a country there for them. (He then 
explained, with the map, fully what he proposed to do.) 

Ouray. We are willing to sell only the mountains Avhere the miners 
are, and not to sell any of the valleys. (A full discussion over the map 
followed, the Indians freely expressing their opinion.) 

Mr. Brunot. May be these mountains are not just right on the 
map; the white men were not there. 

Ouray. The mines we will sell, but theWeeminuches want the south¬ 
ern boundary line fixed. The mountains are large and the Bio Grande 
rises in them. Are there any mines on the side near the San Miguel 
Eiver ? 

Mr. Brunot. The reason I want to put that part in is, there may be 
mines there, and then there would be the same trouble again. I do 
not know anything about the country. 

Ouray. The mountains with mines we will sell, but those where the 
mines are not in we will not sell. 

Mr. BrUnot. I did not come to please the miners; but what I want is 
to save the Utes from all trouble with the miners. 

Ouray. Take the head of the Bio Grande and its tributaries, and the 
stream that runs on the other side of the mountains, we will not sell. 

Mr. Brunot. You will have to decide on some line that will show 
where the miners can go. 

Ouray. The heads of the stream that run into the Bio Grande will 
be the bounds. The contract we make, a copy of it must be in the 
hands of the agent, one in the hands of the chief, and one you take to 


39 


the President. We will not sell on the San Miguel. There must be 
posts put in that the miners cannot pass. 

Mr. Brunot. We must understand each other better or our talk 
will be for nothing. It the Utes sell a portion of their country, the 
price is regulated by the quantity they sell. 

Ouray. We have no interest in selling any of it. 

Mr. Brunot. If you think it is not your iuterest to sell it, you must 
not sell any of it. 

Ouray. We want to sell the portion around the head of the Bio 
Grande, and we want security that the miners will not go any further. 

Mr. Brunot. I could not make any agreement for a little piece of 
country where the miners only are now. 

Ouray. The piece of land we offer to sell is not so small; it is large. 
The mountains are long, and where the miners are we will sell to the 
edge of the mountains, and none of the bottom-lands. 

Mr. Brunot. The difficulty in such a contract is, there will always 
be quarreling as to where the lines are, and there will be more trouble 
than there is now. 

Ouray. It must be measured, and the lines all marked so all can see 
them. 

Mr. Brunot. It would take five years and one hundred men to do 
that. What I think is, that the Utes had better sell all the mountain 
country. Suppose I were to make a contract for where the miners are 
now, it would take all the Utes and one thousand soldiers to stand 
around it to see that the miners did not go to the other mountains, and 
instead of stopping the trouble it would make it worse. The mountains 
west of it, the miners would be hunting mines in. Suppose there are 
no mines in the part west, and suppose the Utes make a bargain for it. 

Ouray. We cannot do what you want. 

Mr. Brunot. But I want you to hear what I have to say. Suppose 
you sell the mountains, and if there is no gold in them, then it would be a 
benefit to you. The Utes get the pay for them and the Americans would 
stay away. But suppose there are mines there, it will not stop the 
trouble; we could not keep the people away. 

Ouray. Why cannot you stop them; is not the Government strong 
enough to keep its agreements with us "l 

Mr. Brunot. What Ouray says is reasonable. I would like to 
stop them ; but Ouray knows it is hard to do. 

Ouray. In regard to the mountains around the mines, we do not say 
anything, but to take in so much land we will not agree to it. We know 
what the Government has to do by the treaty, and we know how you 
are talking about the trouble. You are a commissioner on the part of 
the Government; we are on our own part. If you do not want to buy or 
we do not want to sell, it is all right. The whites can go and take the 
gold and come out again. AVe do not want them to build houses there. 

Mr. Brunot. 1 told you I would not have come if I had not wanted 
to benefit the Utes. I wanted to befriend you. 1 do not think I would 
be doing what was good for the Utes if I did what Ouray wants. It 
need not prevent the contract from being made, but I will not make it. 
I will tell the President, and he may send somebody else, and they may 
buy just what the Utes want to sell now, and in another year they will 
find the miners as bad somewhere else, and then they may send some¬ 
body else. You understand why L will not agree to it. But it is all 
right if you do not make an agreement with me; it will not make any 
difference; I will try and have you protected as well as I can. 1 will do 
as I did before. 1 will ask the President to drive the miners away as I 


40 


5 


did last fall, but a thousand other men will tell the President to let 
them alone. Perhaps he will do as I say, perhaps not. 

"Ouray. That is all possible. The whites are not my brothers; they 
can do as they please. 

Mr. Brunot. I want you to think about this a little more. Last fall 
you said you would not sell any of your land. I thought you were right 
in not wanting to sell the farming-lands, but you have now decided you 
ought to sell some of it. If you think a little longer, you may see the 
mountains are of no use to you, and you may decide it is best to provide 
for your children and sell them. 

The council here adjourned. 


Third day — Tuesday, September 9. 

Owing to the absence of both interpreters, no council was held to-day. 


Fourth day — Wednesday , September 10. 

After waiting till two o’clock for the return of either of the interpre¬ 
ters, council convened, with Dr. Phillips as Spanish interpreter. 

Prior to opening the council, the Indians spent two hours in consulta¬ 
tion among themselves, Ouray explaining by the map the proposed 
lines. 

At four o’clock p. m., in opening the council, 

Mr. Brunot said: There were some Indians traveling once with 
their tents and all they had. They came to a river; it looked high 
and dangerous; some thought it was dangerous to cross, others 
thought not. They did not know what they had better to do about it. 
Then they decided to call upon the Great Spirit to help them. They put 
their praying men on the bank of the river, and they all went over 
safely. That is what the Indians said; they crossed over and all was 
right with them. I am going to ask the Great Spirit to help us, and 
perhaps we may all come to one mind about this. 

Mr. Brunot then led in prayer. 

Mr. Brunot then said this letter of the Commissioner told me to come 
and make a bargain with the Utes for all the country south of the 
thirty eighth degree, (showing it on the map.) When I come and 
know how things are, I would rather the Utes should keep some 
of the country on the south, (showing it on the map,) because I 
think it is good for them. As the friend of the Utes, I have made 
some marks to show the best thing I can do for them that I think 
Congress will approve. If I thought Congress would agree to it, and 
I thought it was good for you, I would mark the lines just where you 
want them. If I were to do that it would not be of any use. Congress 
would not agree to it, and it would be just as it was before I came here. 
I have made the lines in the very best place that I can for the Utes that 
Congress will agree to. If you agree to that, I will be glad, because I 
think it will be good for you and good for everybody. It is for you to 
say what we shall do. If you agree to that, I think it will be all light; 
if you do not agree to it, it will be all right so far as 1 am concerned, for 
it will not be my fault. I came and did the best I could for you. It is 
your country, and you can do just as you please about it. I am sure 
that if you agree to make the contract I have offered, it will be good 




41 


for you; and whether you do it or not I am all the same your friend, 
and l hope you and the whites will always be friends. Whatever hap¬ 
pens hereafter, I am willing to stand by the words I have said, and if 
you let me go away in a day or two, you cannot blame me or the Presi¬ 
dent, lor he has done all that he could. He has sent me to do what is 
right, and to settle the question about these mountains. If the spring 
comes, and the miners come in crowds and want to go into all parts of 
the reservation, it may then be too late to settle the question in a 
friendly way. * Sometimes war begins when nobody wants it, because 
some bad people do something they ought not. When the war began 
between the people in the North and in the South, nobody wanted it, 
but bad people brought it on ; good people did not want it, but bad 
people brought it on, and good people had to suffer. It was the same 
way with the poor fellows on the western coast; some bad people be¬ 
gan the trouble, and see where it ended with the Modocs. After 
the trouble began, good people everywhere tried to stop it, but 
it was then too late, and it could not be stopped until now all of them 
are gone. Captain Jack was not a bad man at the beginning, but bad 
men brought the trouble on, and good men could not stop it. 

Ouray. We believe that. 

Mr. Brunot. I am talking about this because I am sorry in my 
heart that such things come, but there are bad men and they bring 
about such things, and men must be as careful as they can, and makeevery 
effort to prevent such things. You all know how careful you are to do 
no harm, that these bad men cannot have any reason to do wrong to you. 
Although you do that which is right, your agent and your friends have 
to defend you against these men. In spite of all the friends of the 
Indians in this country can do, and they say the Indians are good, bad 
men are trying to bring about trouble with you. Some men say, Let 
this matter go on; let it alone and it will fix itself; there will be trouble 
with the Utes and then we will get all their country for nothing. 
Perhaps it may be so and perhaps not, but this I know, it is better to 
make a good bargain, of which your children will get the benefit, than 
to take any risk. I think that is good sense, and that is the talk of 
one friend to another. If the white people go into these mountains 
it is right that you should get pay for them. If you sell the mountains 
the way I point out, and the Government agrees to pay you $25,000 per 
year as long as you and your descendants live, it will always be good. 
When that bargain is made, and if there is no gold there, and the white 
people do not want to stay there, you have the use of the mountains 
just the same, and the pay for them too. In some parts of the mountains, 
I do not know whether the white people would stay or not, but 1 fear they 
will want to go there; but if they do not stay there you get paid for it 
all the same. If you sell a big piece of country, I can pay more for it 
than if you sell a little piece. Some places they will go in and scrape 
tin* ground; they will not find any gold, and then they will go away. 

OURAY. For that reason you require a large piece, and if they do 
not want it they will go away. 

Mr. Brunot. For the large piece I can offer a large sum. Last 
year the commission that was here told me they were going to offer 
for all below the line of 38, (shown on the map,) and would pay you for ten 
years but little more each year than I now offer to pay each year forever. 
The Government did not tell me what to offer to the Utes. I know 
what the commission last year proposed to offer, but because the 
Government did not tell me, I offer you t lie largest amount that I think 
the Government will agree to pay. That would be 825,000 per year, 


42 


every year forever. Besides that, I say that when the President thinks 
it is time, he will put an agency on the southern part of the reserva¬ 
tion, and that will cost more money. The building of houses and what 
is wanted for an agency will not come out of the $1 ) 5,000; that is the 
offer 5 that is the best I think Congress will agree to ; if you agree to 
it, I will be very glad, and we will make out a paper with it all in it. 
We will make three copies; one for me to take to the President, one 
for Ouray, and one for the agent to keep, and all who agree to it will put 
their names to the paper. Ouray or some other chiefs Would have to 
go and see the Indians who are not here, and get their names to the 
paper. Then Ouray will bring that paper to Washington, and one each 
of the Muaches, Capotes, and Weeminuches are to go with him, and they 
can tell the President that they want to stay on the Cimmaron, and one 
of the Apaches could go, too, and tell the President what they want. I 
think you can understand that is all that I can offer, and I 
want you to say yes or no to-day. I want you to tell me this evening 
what 3 7 ou will do. We have talked it all over. You want to go to your 
camps, and I want to go to my home, a long way off, as soon as I can. 

(Ouray here talked to his people for some time. A disscussion fol¬ 
lowed as to the lines, the Indians saying some were farming inside the 
proposed lines.) 

Mr. Brunot. If any Indians are now cultivating the soil in any part 
of the reservation, I will put it in the paper if you wish that they shall 
not be disturbed. I know very well that this arrangement will put you 
to some inconvenience, but that is why we offer a large sum of money. 
We have to look at things as they are and we must give up little things 
to accomplish great ones. You sell the country, and get a good price 
for it. The privilege of going across the country will not betaken from 
you. You can travel by all the roads. 

Ouray. It is a large piece of country. We want the lines smaller, 
(making lines ou the map taking in only where the miners now are.) 

Mr. Brunot. As I said before, I would like to fix it. I see and un¬ 
derstand what you would like, and I would like to fix it that way if I 
thought it would be agreed to by Congress. I want to do all I can for 
you. If I would do that, I will tell you what would happen. The re¬ 
port would go out, and every body would say the Utes have sold their : 
country, and the white people would come in crowds. Next winter the j 
paper would go before Congress, and Congress would say no. That is j 
not what he should have done; he should have bought all of these moun- I 
tains. Congress would not agree to it, and the country would be so full j 
of people we would never put them out, and the result would be, I 
instead of helping the Utes, I would be only bringing on trouble, and j 
rather than hurt you by what I do, I would prefer to go home and do ! 
nothing. 1 

Ouray. There is plenty of game in the mountains. The majority are 
opposed to it. I am in favor of it, but it does not amount to anything. 

Mr. Brunot. I understand Ouray to say the Utes are not willing to 
make the bargain with the lines I have pointed out. I could make a 
paper showing the lines you seem to be in favor of. Then the miners 
would come in there; not only those who break the laws, but those who 
do right; all would come in, and the mountains w T ould be filled with 
miners. Congress would not decide about the paper till next spring, 
and by that time the miners would be saying, u We want to go farther;” 
and a thousand people in Colorado would say I did not do right; and 
Congress would say the law they passed told me about buying all this 
country; and Congress would not agree to what I did; and when they 




43 


look at the paper they would say they did not agree to it; and it would 
turn out, instead of having done something good for the Utes, the coun¬ 
try would be full of miners and no bargain at all. Now, the way the 
matter stands, I have made the best offer that I can for the good of the 
Utes that Congress will agree to. I will have to shake hands and go 
home, and leave the bargain with the Utes for somebody else to make. 

Gun ay. We do not wish to sell the part below, and we want the liue 
farther east. 

Mr. Brunot. I have done the best I can for you ; it is all over, and 
we part good friends; and we may as well adjourn the council. I under¬ 
stand what you want. I have done what I think is best for you; it 
does not suit you, and I think we had better adjourn the council. We 
have had a long talk for nothing, but I guess it is all right. Perhaps 
there is something you do not know. I would say in the paper you 
could hunt in the part sold as long as there is any game in it. But I 
see you do not wish to agree to my proposition, and we will now close 
the council. 

The council here adjourned. 


Fifth day — Thursday , September 11. 

There was no council held to-day, but the commission waited, expect¬ 
ing the Indians would decide to enter into the articles of convention, it 
being their opinion that a large proportion of the Utes were in favor of 
so doing, the principal men of the Tabequaches (Ouray’s men) having 
expressed themselves as favorable to it. During the day the following 
articles of convention were prepared as embodying the views of the 
commission as to what ought to be done: 

Articles of Convention. 

Articles of a convention made and entered into at the Los Pinos 
Agency for the Ute Indians, on the 13th day of September, 1873, by and 
between Felix R. Brunot, commissioner in behalf of the United States, 
and the chiefs, head-men, and men of the Tabequache, Muaclie, Capote, 
Weeminuehe, Yampa, Grand River, and Uintah bands of the Ute Indians, 
witnesseth : that whereas a treaty was made with the confederated bands 
of the Ute nation on the second day of March, A. 1). 1808, and pro¬ 
claimed by the President of the United States on the sixth day of No¬ 
vember, 1808, the second article of which defines by certain lines the 
limits of a reservation to be owned and occupied by the Ute Indians; 
and whereas, by act of Congress approved April 23, 1872, the Secretary 
of the Interior was u authorized and empowered to enter into negotia¬ 
tions with the Ute Indians in Colorado for the extinguishment of their 
right ” to a certain portion of said reservation, and a commission was 
appointed on the first day of July, 1872, to conduct said negotiations; 
and whereas said negotiations having failed, owing to the refusal of said 
Indians to relinquish their right to any portion of said reservation, a 
new commission was appointed by the Secretary of the Interior by let¬ 
ter of June 2, 1873, to conduct said negotiation ; 

Now, therefore, Felix R. Brunot, commissioner in behalf of the United 
States, and the chiefs and people of the Tabequache, Muache, Capote, 
Weeminuehe, Yampa, Grand River, and Uintah, the confederated bands 
of the Ute nation, do enter into the following agreement: 



44 


Article I. 

The confederated bands of the Ute Nation hereby relinquish to the 
United States all right, title, interest, and claim in and to the following- 
described portion of the reservation heretofore conveyed to them by the 
United States, viz: Beginning at a point on the eastern boundary of 
said reservation, fifteen miles due north from the southern boundary of 
the Territory of Colorado, and running theuce west on a line parallel 
with the said southern boundary to a point on said line twenty miles 
due east of the western boundary of Colorado Territory; thence north 
by a line parallel with the said western boundary to a point ten miles 
north of the point where said line intersects the 38th parallel of north 
latitude thence east to the eastern boundary of the reservation, and 
thence south along said boundary to the place of beginning : Provided , 
That if any part of the Uncoinpagre Park shall be found to extend 
south of the north line of said described country, the same is not in¬ 
tended to be included therein, and is hereby reserved and retained as a 
portion of the Ute reservation. 

Article II. 

The United States shall permit the Ute Indians to hunt upon said 
lands so long as the game lasts and the Indians are at peace with the 
white people. 


Article III. 

The United States agree to set apart and hold as a perpetual trust 
for the Ute Indians, a sum of money, or its equivalent in bonds, which 
shall be sufficient to produce the sum of twenty-five thousand dollars 
($25,000) per annum; which sum of twenty-five thousand dollars per 
annum shall be disbursed or invested at the discretion of the President, 
or as he may direct, for the use and benefit of the Ute Indians, aunually 
forever. 


Article IV. 

The United States agree, so soon as the President may deem it ne¬ 
cessary or expedient, to erect proper buildings and establish an agency 
for the Weeminuche, Muache, and Capote bands of the Ute Indians, at 
some suitable point to be hereafter selected on the southern part of the 
reservation. 


Article V. 

All the provisions of the treaty of 1868 not altered by this agreement 
shall continue in force; and the following words from article tvvo of said 
tjeaty, viz: u The United States now solemnly agree that no persons 
except those herein authorized to do so, and except such officers, agents, 
and employes of the Government as may be authorized to enter upon 
Indian reservations in discharge of duties enjoined by law, shall ever 
be permitted to pass over, settle upon, or reside in the territory ” de¬ 
scribed in the article, u except as herein otherwise provided,” are hereby 
expressly reaffirmed, except so far as they applied to the country herein 
relinquished. 


45 


Article VI. 

In consideration of the services of Ouray, head chief of the Ute Nation, 
lie shall receive a salary of one thousand dollars per annum for the term 
ot ten years, or so long as he shall remain head chief of the Utes and at 
peace with the United States. 


VII. 

This agreement is subject to ratification or rejection by the Congress 
of the United States and the President. 


Sixth day — Friday , September 12. 

Many of the chiefs expressed themselves as willing to sign the articles 
of agreement, but it was thought best to wait until the head chief signed 
it. The Indians councilled in regard to it all day. 


Seventh day — Saturday , September 13. 

Ouray and all the principal men came and expressed a willingness to 
sign the articles of convention, provided after doing so some of the rep¬ 
resentative men of the different bands, accompanied by the secretary of 
the commission, should,visit the country sold, and, if it proved to be 
mining and not farming land, then all the Indians should sign it; if the 
reverse was the case, then the agreement should be inoperative as lack¬ 
ing the assent of the necessary three fourths of the tribe. The articles 
of convention were then signed by all the Indians present—being the 
chiefs and head-men of all the bands who had been represented in the 
council. 

THOMAS K. CREE, 
Secretary Special Ute Commission. 


Interview with Ouray, Chief of the Utes. 

Cheyenne , Wyoming , June 24. 

A dispatch was received from Charles Adams, agent of the Ute In¬ 
dians at Los Pinos reservation, Colorado, saying that Ouray, head chief 
of the Utes, was at Denver and desired to see Mr. Brunot. We tele¬ 
graphed him to come up. 


June 25. 

Agent Adams and Ouray arrived at noon. The object of Ouray’s 
visit was to hear what prospect there was of the recovery of bis son, a 
young man who had been captured by the Sioux in a battle between 
them and the Utes on the Republican River, in Kansas, some ten years 
ago; since when he had not been able to hear anything of the boy, ex¬ 
cept that he learned from a Mexican woman, who had lived among the 
Sioux, that the captive boy was still alive. 






46 


On the visit of Mr. Brunot to the Ute agency, in 1872, Ouray had asked 
that an effort should be made to find him and restore him to his tribe. 
Subsequently we ascertained that the boy had been captured or passed 
into the hands of the Northern Arapahoes on the North Platte, and after 
several years had gotten among the Southern Arapahoes. 

Before introducing the object of the visit, Mr. Brunot referred to a con¬ 
versation he had had with Ouray at his agency, in which Ouray prom¬ 
ised that he would find out the murderers of Miller—agent of the Nava- 
joes—who had been killed by his Indians some months previously. 

Mr. Brunot said. I am glad you found out about the men who killed 
Agent Miller. 

Ouray. We killed one, the other escaped to the Moquis Pueblo vil¬ 
lage. They were Weeminuche Utes; the main band were up in Utah ; 
these two had strayed behind; they followed Agent Miller and killed him 
to get his mules. They were out all summer, and were afraid to come 
in, and were almost starved. They eat up both the mules before we 
found them. I was sorry the one was killed 5 I wanted to bring him in 
and give him up to the agent to be punished. We followed the other 
one but could not catch him. If he ever comes back we will get him and 
bring him to the agent. 

Mr. Brunot then explained to Ouray that when he was at the agency 
an officer with soldiers was then hunting the murderers; and after 
Ouray had promised to find them, the officer agreed, if Mr. Brunot would 
write him a letter and ask him to do so, to go back and let Ouray find 
the Indians who had committed the murder. 

Ouray said at that time none of the Utes knew who had killed Mr. 
Miller. 

Mr. Brunot then told him of the efforts he had been making to find 
his boy; told him he had been among the Sioux and had heard where 
the boy was, and hoped that he would be able to get him and take him 
to the Utes. 

Ouray said the Government is strong, and can do wliat it wants; if 
the Government will do what it can for me and get my boy, I will do 
what I can for the Government in regard to our lands. 

Mr. Brunot. We are trying to do what we can about the boy. If 
the Utes had a boy among them that we wanted, the Utes would hide 
him away. We have to be very careful. The Arapahoes may run 
him away ; we must be careful. We want to get your boy home; and 
whatever can be done to get him we will do. It matters not how much 
money if costs, or how much trouble it is, we will do all we can to get 
him, and we want to do what is right and kind for the Indians. When 
I saw you some of the Indians talked bad, but I knew they did not know 
any better, and I thought some day they would find out what was right, 
and they will find out that the President is their friend and wants to do 
right. IIow soon do you want to have a council about your land ? 

Mr. Adams. Ouray said it would be best for you to come and talk 
with them, and he proposed we should come to Cheyenne and talk with 
you. Last fall they opposed the removal of their agency; now they 
want it moved fifty miles west. I have to run two establishments; one 
for our cattle and one for the agency. By putting the agency at Gun¬ 
nison River, we could do away with one of them. It is a lower and 
warmer country, and could be cultivated. We are farming at the Herd¬ 
ing Camp now. The Indian camp is only one day’s ride from the pro¬ 
posed new agency site. Now the Indians cannot come to the agency in 
winter at all. 


47 


Mr. Brunot. I think if the agency is moved it ought to be put where 
it will not have to be moved again. 

Ouray. We do not care about the mountains, but the Uncompagre 
country we will not sell. If we sell the mountains we fear the whites 
will bring stock into the Uncompagre country, and then trouble will 
begin again. If a line could be made, and all the whites kept inside of 
it, we would sell the miniug region. At present the Colorado people 
only want the mines. We want to know that our country will be kept 
for us. 

Mr. Brunot. Personally I do not care about your selling, and would 
not have gone lost year, only I went to see that no injustice was done 
the Indians. I thought when I was there you had better listen to the 
commissioners, and thus save trouble. I have no fancy for the miners 
who go where they have no right to go. Have there been more miners 
going in ? 

Mr. Adams. Yes. Ouray keeps his people away from them. 

Mr. Brunot. I asked the President to make an order to drive the 
miners out. The President heard Ouray had changed his mind and 
would sell the mines, so it was thought best to stop the execution of 
the order for a while. 

Mr. Adams. Ouray does not know the order was countermanded. 

Mr. Brunot. We went to the Shoshones last year; they have mines 
in their country. They said the country was of no use to them, and 
they sold it, and now the miners are their friends. They wanted to be 
paid in cattle; they are to get them, so many each year. They are all 
very much pleased about it. I was to see the Sioux two years ago, and 
they had their agency on the bank of the river. I told them it was a 
bad place—they would have trouble with the whites. I wanted them to be 
put it in a good place where the Government would protect them. They 
would not do so then, but I went this time to them and they said they 
would put it where I wanted, as they now saw what I told them was 
true. I want the Sioux to promise not to come over the railroad. I 
do not want them to tight with the Utes, or anybody else. 

Ouray. I would like to see you come down there, but no one from 
the Territory to come with you. Everybody from the Territory is inter¬ 
ested in buying my country. It is best you come down and keep the 
the matter quiet, and not let the people of the Territory know of it. 

Mr. Brunot. They wrote me a letter from Washington, and asked 
who 1 wanted to go. I wrote and told them if they sent anybody 
there they had better send those who do not live in the Territory. I 
told them if I was to go and hold a council I did not want any of the 
whites who were there before to be permitted to come. They sent 
me a letter and told me there was a man named Powell, who, they 
thought, was a good man to go—what do you think of him ? 

Ouray. I would not object if Mr. Powell suits you, but I do not 
wish any one who lives in the Territory to come. 

Mr. Brunot. He is the explorer, and does not belong to the Terri¬ 
tory. 

Ouray. I would not object to him. 

Mr. Brunot. Do you think a council could be held and the whites 
kept away ? 

Mr. Adams. I think so. Ouray has given orders to his men to keep 
away from the miners. I heard some of the parties who were at the 
council last year would be back again. 

Mr. Brunot. I asked that none should come unless invited by the 
commission. I said that if Ouray wanted me to go, and the President 


48 


asked me, if I could do auy good to Ouray’s people I would go. I said 
I would not go unless Ouray sent word that it would be of some use for 
me to come. 

Mr. Adams. You would want to see all the Ute Indians we can get 
to attend"? 

Mr. Brunot. I would want to see all the Indians who can be got 
together. 

Ouray. Where are you going now “? 

Mr. Brunot. To see the Crows. How long before you could get your 
people together, and when would be the best time for me to come? 

Ouray. How long will you be at the Crows ? You know how soon you 
could get to the Ute Agency. In August the Utes will be hunting, but 
the captains can come in. 

Mr. Brunot. If a treaty is made it is necessary three-fourths of the 
people agree to it. 

Ouray. I will talk with them, and do what I can. 

Mr. Brunot. It used to be just what the chief said; but this treaty is 
different; it says three-fourths of the adult male Indians; and I want 
the treaty carried out. From now till August we will try and get 
Ouray’s boy; and, if we can, w r e will take him with us. If we cannot get 
him, then Ouray must not be too sorry ; we Avill still try and get him. 
I hope we will get him then. 

Ouray. Bring the boy if you can ; if you cannot I will be sorry. 

Mr. Brunot. We will do the best we can. Your boy talks English. 

Ouray. A brother of Friday’s captured the boy; lie died, and Fri¬ 
day took the boy. 

Mr. Brunot. The boy’s name is Friday ? 

Ouray. Several years ago, when the Arapalioes came to Denver, I 
heard there was a Ute boy called Friday ; but I never could see him. 

Mr. Brunot. They kept him away? 

Ouray. I heard two or three years ago from a Mexican woman that 
the boy was alive. I would not know him. 

Mr. Brunot. When Ouray looked for the boy at Denver the Arapa- 
hoes kept him away, and we want to get him before they hide him now. 
I think you had better not tell your people the boy is coming, for if he 
does not they will think something is wrong. 

Ouray. 1 understand. I want to see the boy. The Utes understand 
you now. They have learned that you have worked good for other In¬ 
dians before, and we think you will work good for us. I will tell them 
what you say, and they will know you are our friend. 

Respectfully submitted. 

THOMAS K. CREE, 

Secretary. 


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